Sk. Rafikul Islam and Others Vs State of West Bengal and Anr. — Calcutta HC (2025) — LawSathi Research

Sk. Rafikul Islam and Others Vs State of West Bengal and Anr. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with liberty to petitioners to surrender before the court below within two weeks; impugned warrant-of-arrest order dated 22.08.2025 stayed for two weeks or until surrender, whichever is earlier; upon surrender, court below to deal with their prayers in accordance with law uninfluenced by observations in the order.

Issue for consideration

Whether the order dated 22.08.2025 of the court below issuing warrant of arrest against all five petitioners (who allegedly did not appear on 21.08.2025 due to illness of petitioner/accused no. 3) warranted interference, and what accommodation should be given to enable the petitioners to surrender and have their prayers considered.

Court's answer

The instant application, CRR 4293 of 2025, is disposed of giving liberty to the petitioners to surrender before the court below within a period of two weeks from date.

Ratio / Principle

In the event of surrender, the court below will dispose of the petitioners' prayers in accordance with law without being influenced by any observation made in this order.

Key takeaways

The impugned order dated 22.08.2025 issuing warrant of arrest against the petitioners is stayed for a period of two weeks or till the petitioners surrender before the trial court, whichever is earlier.ratio¶14
Mr. De is appointed to represent the State and the concerned authority is directed to regularize his appointment.ratio¶10

Detailed headnote1 paragraphs

Criminal Revision (CRR 4293 of 2025), decided 14.11.2025 by Dr. Ajoy Kumar Mukherjee, J. The petitioners (five accused persons, including Sk. Rafikul Islam) challenged an order dated 22nd August, 2025 of the learned court below issuing a warrant of arrest against all of them after their non-appearance on 21.08.2025, attributed by their counsel to the illness of petitioner/accused no. 3, for which time had been sought. The Court disposed of the application, granting the petitioners liberty to surrender before the court below within two weeks from the date of the order, and stayed the impugned warrant order for two weeks or until surrender, whichever was earlier. Upon surrender, the court below was to dispose of the petitioners' prayers in accordance with law without being influenced by any observation in the order. Mr. De was appointed to represent the State, with directions to the concerned authority to regularize the appointment.

04. 14.11.2025 CRR 4293 of 2025

Bd.

Ct. 29 Sk. Rafikul Islam & Ors. Vs.

The State of West Bengal & Anr.

Mr. Dipam Mozumder Mr. Rajib Kumar Acharyya … for the petitioners

Mr. Debasish Roy Mr. Suman De

Mr. Soumya Basu Roy Choudhury … for the State.

The instant application has been preferred against the order dated 22^nd August, 2025 by which learned court below issued warrant of arrest against all the five petitioners.

Being aggrieved by the aforesaid order learned counsel appearing for the petitioners submits that the trial court did not consider that on previous occasion the petitioners were duly present in the court and on 21.08.2025 due to illness of the petitioner/accused no. 3, petitioners could not attend the court and prayed for time and learned court below without considering the same and without giving any opportunity to the petitioners have straightway issued warrant of arrest. Now the petitioners intend to surrender before the court below.

Mr. De, learned counsel, who usually appears before the court on behalf of the State is hereby appointed to represent the State. Concerned authority is directed to regularize the appointment of Mr. De.

Having heard learned counsel appearing on behalf of the petitioners and the State, the instant application being CRR 4293 of 2025 is hereby disposed of giving liberty to the petitioners to surrender before the court below within a period

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of two weeks from date and in the event of such surrender before the court below the court below will dispose of their prayers in accordance with law without being influenced by any observation made hereinabove.

The impugned order dated 22.08.2025 by which warrant of arrest was issued against the petitioners is stayed for a period of two weeks or till the petitioners surrender before the trial court, whichever is earlier.

All parties shall act on the basis of server copy of this order duly downloaded from the official Website of this Court.

(Dr. Ajoy Kumar Mukherjee, J.)