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2026 DAILYLAW 36580 (CAL)

XXX v. STATE OF WEST BENGAL AND ANR

CRR/1866/2026 · 2026-08-27

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19. Ct.29 CRR 1866 of 2026 27.08.2026 Bd. XXX -vs- The State of West Bengal & Anr. Mr. Sanjib Kumar Das Mr. Arindam Roy Chowdhury … for the petitioner. In this application petitioner is aggrieved by the order dated 3rd March, 2025 by which the court below had issued warrant of arrest against the petitioner. Being aggrieved by the aforesaid order, learned counsel for the petitioner submits that the petitioner had no intention to evade the process of trial but the learned court below without giving any opportunity to appear had issued warrant of arrest against the petitioner, which is not sustainable in the eye of law. However, he made an innocuous prayer that liberty may be given to him to surrender before the court below. Having heard learned counsel for the petitioner, and that the prayer made by the petitioner is innocuous and, if it is allowed in terms of the prayer made in the petition, the opposite parties will have no cause to prejudice and as such, service of copy of application upon the opposite parties is dispensed with. Having considered the submission made on behalf of the petitioner, the instant application being CRR 1866 of 2026 is hereby disposed of by giving liberty to the petitioner to surrender before the court below within a period of two weeks and in the event of such surrender the court below will dispose of his prayer 2 in accordance with law without being influenced by any observation made herein. The impugned order dated 03.03.2025, passed in ST Case No. 07(12) 2023 passed by learned Judge, Special Pocso Court, Barasat, North 24 Parganas, shall remain stayed for a period of two weeks from date or till the petitioner surrenders before the court below, whichever is earlier. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)