Satyaki Mandal Alias Swarthaki v. the State of West Bengal and Anr.

Calcutta HC15 Jul 2026CRR/681/2026

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AI extract

What is this about?

CRR 681 of 2026; Satyaki Mandal @ Swarthaki v. The State of West Bengal & Anr.; warrant of arrest issued 25.09.2024 in POCSO 25 of 2024; challenge that Court below failed to consider whether a summon would suffice before issuing bailable/non-bailable warrant (raised by counsel, not decided); delay condonation (CRAN 1 of 2026); liberty to surrender within three weeks; stay of impugned order for three weeks or till surrender, whichever earlier; Dr. Ajoy Kumar Mukherjee, J.; decision date 15/07/2026 per D/L stamp.

What did the court decide?

Liberty to the petitioner to surrender before the Court below within three weeks, with interim stay of the warrant-of-arrest order dated 25.09.2024 for three weeks or until surrender, whichever is earlier. ¶¶18

Satyaki Mandal Alias Swarthaki Vs the State of West Bengal and Anr. — Calcutta HC (2026) — LawSathi Research

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D/L – 557 15/07/2026 Court No.29 S.Kundu

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CRR 681 of 2026 With CRAN 1 of 2026

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Satyaki Mandal @ Swarthaki Vs.

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The State of West Bengal & Anr.

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Mr. Koushik Gupta, Sr. Adv.

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Mr. Arijit Bhusan

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…for the petitioner.

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In Re: CRAN 1 of 2026

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Delay in filing the application is condoned.

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Accordingly, CRAN 1 of 2026 is disposed of.

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In Re: CRR 681 of 2026

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The petitioner herein is aggrieved by the impugned order dated 25.09.2024 by which the Court below issued the warrant of arrest against the petitioner.

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Being aggrieved by the aforesaid order, the learned counsel for the petitioner submits that the learned Court below failed to consider that before issuing the warrant of arrest, the Court must form an opinion as to whether a summon will suffice in securing the appearance of the accused before the Court. If yes, then the summon or the bailable warrant should be preferred. He further submits that the warrant either

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bailable or non-bailable should never be issued without scrutiny of facts. However, the learned Trial Court in the present case without properly exercising his judicial discretion has mechanically passed the impugned order, which is bad in law and not sustainable.

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However, learned counsel appearing on behalf of the petitioner on instruction submits that he may be given liberty to surrender before the Court below.

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Having considered that the prayer made on behalf of the petitioner is found to be innocuous, the same is allowed.

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In view of the above, the instant application being CRR 681 of 2026 is disposed of by giving liberty to the petitioner to surrender before the Court below within a period of three weeks and in the event of such surrender by the petitioner before the Court below, he shall dispose of such prayer in accordance with law.

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The impugned order dated 25.09.2024 passed in POCSO 25 of 2024 by which the warrant of arrest was issued against the petitioner shall remain stayed for a period of three weeks or till the petitioner surrenders before the Court below whichever is earlier.

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Accordingly, CRR 681 of 2026 stands disposed of.

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

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(Dr. Ajoy Kumar Mukherjee, J.)

Satyaki Mandal Alias Swarthaki v. the State of West Bengal and Anr.

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Satyaki Mandal Alias Swarthaki v. the State of West Bengal and Anr.

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