AMAR KARMAKAR Vs. STATE OF W.B.

JUDGEMENT

(1.) This is an application challenging an order dtd. 4/2/2019 passed by the learned Chief Judicial Magistrate, Malda thereby issuing warrant of arrest, proclamation and attachment against the petitioner in connection with G.R. Case No. 3957 of 2018 under Ss. 304, 325 and 341 read with Sec. 34 of the Indian Penal Code.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case. A charge-sheet was submitted against him and showing him as an absconder. After that a warrant of arrest was issued. On 4/2/2019, upon the prayer of the investigating agency for issuance of warrant of proclamation and attachment, on the same date the learned Magistrate, Malda went on to issue warrant of arrest, proclamation and attachment against the accused. This is not tenable in law. On the first day, on which proclamation is issued, an order of attachment cannot be issued simultaneously. Besides, the petitioner wants to surrender before the learned trial Court at the earliest. As regards the delay of about 642 days in preferring this revision, the petitioner has mainly pleaded ignorance of law.

(3.) Learned counsel appearing on behalf of the State opposes the prayer for stay of warrant of arrest and submits that the warrant issued against the petitioner has remained pending for long. The petitioner did not care to surrender. Merely because an attachment was also issued along with the order of proclamation, the same cannot be interfered with after such a long time. Moreover, no cogent explanation has been given to explain the delay in preferring the revision.