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2026 DAILYLAW 36626 (CAL)

SK. KAJEHAR AND ORS. v. STATE OF WEST BENGAL AND ANR

CRR/2994/2026 · 2026-08-19

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08. Ct.29 CRR 2994 of 2026 19.08.2026 Bd. Sk. Kajehar & Ors. -vs- The State of West Bengal & Anr. Mr. Suman De Mr. Zulfiqar Mallick … for the petitioners Leave to correct the section of the statute in the cause-title of the Application is granted. In this application petitioners have assailed the order dated 16th April, 2026 by which the court below had issued warrant of arrest against the accused persons. Being aggrieved by the aforesaid order, learned counsel for the petitioners submits that the petitioners had no intention to evade the trial but the court below acting as a mouthpiece of the investigating agency and without making any speaking order has straightaway issued warrant of arrest against the petitioners without giving any opportunity to them to appear before the court below. However, learned counsel for the petitioners submits that he seeks liberty from this court on behalf of the petitioners to surrender before the court below. Having heard learned counsel for the petitioners, and that the prayer made by the petitioners 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. 2 Having heard learned counsel for the petitioners and that the prayer made on behalf of the petitioners is innocuous, the instant application being CRR 2994 of 2026 is hereby disposed of by giving liberty to the petitioners 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 their prayer in accordance with law without being influenced by any observation made herein. The impugned order dated 16.04.2026, which pertains to issuance of warrant of arrest against the present petitioners shall remain stayed for a period of two weeks from date or till the petitioners surrender 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.)