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2026 DAILYLAW 29841 (CAL)

MINTU MANDAL v. STATE OF WEST BENGAL AND ORS.

WPA/16747/2026 · 2026-07-24

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17 2244..0077..22002266 Ct. No. 05 adeb WPA 16747 of 2026 Mintu Mandal Vs. The State of West Bengal & Ors. Mr. Subrata Santra Ms. Gargi Dhang …for the petitioner Mr. Arup Dasgupta Ms. Manisha Paswas …for the State 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By presenting this writ petition prayer is made for execution of warrant of arrest issued by learned Judicial Magistrate, 1st Class, Municipal Court, Howrah in a proceeding under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘said Act of 1881’) . 3. State respondents are represented by learned advocate. 4. High Court while exercising writ jurisdiction under Article 226 of the Constitution of India is not an executing Court in connection with warrant of arrest issued by Judicial Magistrate in a proceeding under Section 138 of said Act 2 of 1881. If petitioner is aggrieved to the extent that warrant of arrest issued by the concerned Judicial Magistrate is not being executed, petitioner needs to approach the appropriate authority within the statutory framework. 5. Hence, present writ petition is not entertained and same stands dismissed. 6. However, this order shall not preclude the petitioner to approach appropriate forum in pursuit of remedy. 7. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)