In The Matter Of vs Ashok Kumar Singh @ Ashok Singh

Tirthankar Ghosh, J

The revisional application has been preferred against the order dated 09.12.2020 wherein warrant of arrest was issued by the learned Senior

Municipal Magistrate, Kolkata in connection with Case No. 2509 of 2016 (arising out of Netaji Nagar P.S. Case No. 393 of 2016 dated 23.10.2016)

under Section 401(A) of the Kolkata Municipal Corporation Act.

The learned advocate appearing for the petitioner undertakes that the petitioner would appear before the learned court on the next date.

In view of the conduct of the petitioner being absent before the learned Senior Municipal Magistrate, Kolkata on seven occasions, I find no illegality in

the order so passed by the learned Magistrate. However, considering the undertaking given by the learned advocate appearing for the petitioner and

the fact that date is fixed for examination of the accused under Section 313 of the Code of Criminal Procedure, I direct that the petitioner would

appear before the learned Municipal Magistrate on 12.02.2020, the date which has been fixed (as submitted by the learned advocate for the petitioner)

for examination under Section 313 of the Code of Criminal Procedure and for E/R of W/A.

In case, the petitioner appears before the learned Magistrate on 12.02.2020, the learned Magistrate would allow the petitioner to continue on the same

bail and bond on condition that till the completion of the trial, the petitioner would meet with the Officer-in-Charge of Netaji Nagar Police Station twice

a week until further orders and get an acknowledgement from the office of the learned Senior Municipal Magistrate, Kolkata once a week regarding

the compliance of the conditions so imposed.

The execution of the warrant of arrest so issued be stayed till 17.02.2020. In case, the petitioner does not appear on 12.02.2020, the learned

Magistrate would revive the warrant of arrest and proceed to the next stage of harsher process of law.

With the aforesaid observations, C.R.R. 469 of 2020 is disposed of.

The department is directed to provide certified copy of this order in course of this day, if an application is so preferred, upon compliance with the

necessary formalities.