Judgment · High Court · 2022

Mr. Mazhar Hossain Chowdhury Ms. Chandrima Debnath Ms. Sahin Sultana …… for the petitioner The present revisional application has been preferred challenging the legality of the order dated 13th January 2022, passed by the learned Additional Chief Judicial Magistrate, Uluberia, Howrah, in connection with Uluberia Police Station Case No. 475 of 2019, dated 14.12.2019, under Sections 147/148/149/186/332/333/353/435/427/120B of the Indian Penal Code, 1860; Section 8(VI) of the National Highways Act, 1956; Section 26 of the Control of National Highways (Land & Traffic) Act, 2002; and Section 32 of the Police Act, 1861, thereby issuing a warrant of arrest against the petitioner. Mr. Hossain Chowdhury, learned Advocate appearing for the petitioner, submits that due to a communication gap, the petitioner could not appear on 13th January 2022, and hence, a warrant of arrest was issued against him. He undertakes to 2 appear before the learned Court below and pray for regular bail. He further submits that the procedure required to be followed prior to the issuance of a warrant of arrest has not been adhered to in the present case. Heard the learned Advocate appearing for the petitioner and perused the materials on record. Considering the explanation offered for the petitioner’s absence on 13th January 2022, I find merit in the contention of the petitioner. In view thereof, operation of the warrant of arrest issued against the petitioner shall remain stayed until the end of November 2025 or until further orders, whichever is earlier. The petitioner is directed to appear before the learned court below and pray for regular bail within a period of two weeks after the ensuing Puja Vacation. If the petitioner appears before the learned court below and prays for regular bail, he shall be allowed to remain on the same bail. The revisional application is, thus, disposed of. (Partha Sarathi Chatterjee, J.)