07.10.2026 297. Bd. (Disposed of) Calcutta High Court Ct.05 In the Circuit Bench at Jalpaiguri Appellate Side C.R.R. 411 of 2026 Md. Javed @ Md. Jabed @ Md. Jabid & Anr. -vs- The State of West Bengal Dr. Arjun Chowdhury Ms. Riya Agarwal …for the Petitioners Petitioners herein are aggrieved with the order dated 27.06.2025 by which the court below had issued warrant of proclamation and warrant of attachment simultaneously violating the provisions laid down in sections 84 and 85 BNSS. He further submits that since the year 2018 no witness was examined before the learned Trial Court and the matter was adjourned from time to time. Thereafter, due to Covid pandemic, regular court proceeding was disrupted for a considerable period of time. Subsequently, the learned advocate representing the petitioners unfortunately expired and as a result of which the petitioners were left unrepresented and was not aware of the status and progress of the case. Owing to such unavoidable circumstances petitioners could not appear before the learned Trial Court but the trial court without complying the mandatory provisions of law has issued warrant of proclamation and warrant of attachment simultaneously. 2 Learned counsel appearing on behalf of the petitioners makes an innocuous prayer that liberty may be given to them to surrender before the court below. In such circumstances, the instant application being CRR 411 of 2026 is hereby disposed of giving liberty to the petitioners to surrender before the court below within a period of two weeks and in the event of such surrender before the court below he will dispose of their prayer in accordance with law without being influenced by any observation made herein. In such view of the matter, the impugned order dated 27.06.2025 and subsequent orders by which the court below had issued warrant of proclamation and warrant of attachment simultaneously is hereby stayed for a period of two weeks or till the petitioners surrender before the court below whichever is earlier. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)