RAJENDRA KUMAR SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is the defacto-complainant of Bhadreshwar Police Station Case No. 267/07 under Sections 143/341/323/325/506/307 of the Indian Penal Code. The said First Information Report lodged by the petitioner ultimately gave rise to Sessions Trial No. 19 of 2009, which is now pending for trial before the Learned Additional District & Sessions Judge, 2nd Fast Track Court, Chandannagore. Because of the absence of the present petitioner on the date fixed for his examination during the trial, the Learned Sessions Judge, 2nd Fast Track Court, Chandannagore issued warrant of arrest against him. Hence, this criminal revision.

(2.) Heard Mr. Tarique Quasimuddin, learned advocate for the petitioner and Mr. Sobhendu Sekhar Roy, learned advocate appearing on behalf of the State. Perused the materials on record.

(3.) It appears that the said First Information Report was lodged in the year 2007 by the present petitioner as the Senior President (Works) of R.D.B. Textiles Ltd., Bhadreshwar following a fighting between two groups of workers. It further appears it is the case of the petitioner in the meantime the petitioner has left his job with RDB Textile Ltd., Bhadreshwar and joined a new company, viz., Juggilal Kamlapat Jute Mills Company Ltd. at Kanpur. After joining the new company he had no touch with his former employer and as a result he was not aware about the current status of the aforesaid trial. However, when he came to know about the issuance of warrant of arrest, the petitioner on 14.09.2009 took all necessary steps for appearance before the trial Court but unfortunately on that day his wife suddenly taken seriously ill and as a result he became busy with her medical treatments and could not attend Court and the Learned Court issued non-bailable warrant of arrest against him. It is submitted that his absence is wholly bona fide and unintentional and prayed that the said warrant of arrest be set aside.