01.09.2026 Sl. No.12. S/L. Mithun. Ct.No.29. CRR/3557/2026 Dilip Chowdhury Vs. The State of West Bengal Mr. Sakya Sachi Chatterjee, Mr. Tirupati Mukherjee, Ms. S. Sen, Mr. Soujanyo Pattanayak …for the petitioner In this application, the petitioner has assailed the order dated 12.09.2025 passed in G.R. Case No.7339 of 2019 presently pending before learned Additional Chief Judicial Magistrate, Barrackpore. By the impugned order, learned Court below issued warrant of arrest against the petitioner. Being aggrieved by that order, learned Counsel for the petitioner submits that the non-appearance of the petitioner was not a wilful disobedience of the Court’s authority nor an attempt to abscond. The petitioners are the unfortunate victims of the misguidance by their conducting advocate in the trial Court, who failed to file the requisite petition under Section 317 Cr.P.C. Therefore, penalizing them with a non-bailable warrant for an isolated absence is disproportionate, harsh and contrary to the principles of natural justice. 2 However, learned Counsel for the petitioner has made an innocuous prayer before the Court for granting him leave to surrender before the Court below. Having heard learned Counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and, as such, service of copy of application upon the opposite party is dispensed with. Having considered the prayer made on behalf of the petitioner, the instant application being CRR 3557 of 2026 is hereby disposed of by giving liberty to the petitioner to surrender before the Court below within a period of two weeks. In the event of such surrender by the petitioner before the Court below, he will dispose of his prayer in accordance with law without being influenced by any observation made herein. The impugned order dated 12.09.2025 by which the warrant of arrest was issued against the petitioner is hereby stayed for a period of two weeks or till the petitioner surrenders before the Court below, whichever is earlier. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )