ASRAFUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging the issuance of warrant of arrest, proclamation and attachment issued against the petitioner in a case, inter alia, under Sec. 302 of the Penal Code.

(2.) Let a copy of this application be served upon Mr. Imran Ali and Mr. Mirza Firoj Ahmed Begg, learned Counsels who ordinarily appear on behalf of the State. Let them represent the State. Their engagement may be regularised by the competent authority of the State in due course.

(3.) Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case. on 26.10.2016, the petitioner was arrested and thereafter on 18.02.2020, he was released on bail. However, due to miscommunications with the learned lawyer, on 21.03.2018 he was absent before the learned Trial Court without any step. Accordingly, a warrant of arrest was issued. The same was pending for sometime. On 19.01.2019, the learned Trial Court was pleased to issue warrant of arrest, proclamation and attachment against the petitioner. A proclamation can be issued only after satisfying oneself about the inability to execute the warrant of arrest. An order of attachment can be issued only after such time as contemplated under law after a proclamation is issued. The petitioner is willing to surrender before the learned Trial Court and join the proceeding at the earliest.