22.09.2026 Item no. 41 Ct. No.237 AKG C.R.R. 3860 of 2026 Chhote Prasad Vs. The State of West Bengal Mr. Joy Chakraborty, Mr. Sandip Dinda …for the Petitioner Mr. Kallol Mondal, Ld. P. P. Mr. Subir Ganguly, Mr. Sandeep Prasad Shaw …for the State The petitioner challenges the order dated June 9, 2026, passed by the learned Additional Chief Judicial Magistrate, Barrackpore, North 24-Parganas, in G.R. Case No. 8961 of 2025, arising out of NSCBI Airport Police Station Case No. 83 of 2025 dated November 25, 2025, under Sections 319(2)/318(4)/336(2)/336(3)/338/340(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Section 14 of the Foreigners Act. By the impugned order, the learned Magistrate issued a proclamation against the petitioner on account of the non- execution of the warrant of arrest issued against him. Learned advocate appearing for the petitioner submits that the requisite satisfaction of the learned Magistrate has not been recorded in the order dated June 9, 2026, before issuance of the proclamation. It is, however, apparent from the impugned order that the learned Magistrate had specifically considered the report regarding the non-execution of the warrant of arrest. 2 In my view, the aforesaid consideration satisfies the requirement of recording the requisite satisfaction for issuance of the proclamation against the petitioner. However, I find that the statutory requirement of maintaining a gap of thirty days between the issuance of the proclamation and the date specified for the appearance of the petitioner has not been complied with in the present case. Accordingly, the warrant of arrest and the order of proclamation passed by the learned Magistrate on June 9, 2026, shall remain stayed for a period of two months from date. The petitioner shall be at liberty to surrender before the learned Magistrate within the aforesaid period. In the event the petitioner surrenders before the learned Magistrate within the stipulated period, the learned Magistrate shall consider his prayer for bail in accordance with law. In the event the petitioner fails to surrender before the learned Magistrate within the stipulated period, the learned Magistrate shall be at liberty to proceed with the warrant of arrest and the proclamation in accordance with law. This order shall not preclude the petitioner from availing himself of any other remedy available to him in accordance with law. Accordingly, CRR 3860 of 2026 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)