ABDUL HANNAN Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THE present case arises out of an application u/s. 397/401 of the Code of Criminal Procedure read with Section 482 of the Code of Criminal Procedure, 1973. It is directed against an order dated 21.07.2011 passed by the Ld. Chief Judicial Magistrate, Malda in G.R. Case No. 1702 of 2007 arising out of Harishchandrapur Police Station Case No. 106 of 2007 dated 02.09.2007 u/s. 498A/34 of the Indian Penal Code.

(2.) THE relevant facts of the present case are, in a nutshell, as follows :

(3.) IT is the case of the petitioner that due to high blood pressure, he failed to attend the Court on the dates fixed though he filed petitions though his Ld. Lawyer; but the Ld. Court without considering the aforesaid facts and circumstances passed the impugned order of issuance of warrant of arrest against the present petitioner. Accordingly, it is alleged, that the said order dated 21.07.2011 thus suffers from inherent impropriety and as such the revisional application has been filed praying for setting aside of the same.