SUKHAMOY CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revision is taken up urgently in the supplementary list considering the acute urgency of the matter.

(2.) The instant revision is directed against an order dtd. 15/3/2023 passed by the learned Judicial Magistrate, 3rdCourt at Alipurduar, Jalpaiguri by passing of which the learned Magistrate directed the Inspector-in-Charge of Burdwan Police Station to appear personally before his Court on 17/3/2023 and to file show-cause on affidavit as well as execution report of warrant of arrest against Dr. Mithilesh Halder who is presently posted at Burdwan. The learned Magistrate also directed the Inspector-in-Charge to take note of the fact that any deviation from this order will make him responsible and liable to face consequent under Sec. 166A and Sec. 174 of the Indian Penal Code including issuance of warrant against him under Sec. 374 of the Code of Criminal Procedure.

(3.) Before dealing and discussing about the impugned order, I would like to record at the outset that temperament is not only the essential but basic attribute of a Judge. If judicial act and conduct expresses ill- temperament and projected ill-feeling towards any person who are coming to the Court to seek justice as well as the persons who are responsible for enforcement of law, in other words, Law Enforcing Agency, there shall be occurrence of failure of justice. It is true that a bailable warrant was issued against a charge- sheeted witness namely Dr. Mithilesh Halder who is presently posted at Burdwan through the Inspector-in-Charge, Burdwan Police Station, petitioner herein. The petitioner submitted a report stating, inter alia, that the said Medical Officer is on earn leave and presently he is on tour in Rajasthan and he is not present in the city of Burdwan. The learned Magistrate failed to consider such aspect and passed the impugned order which patently expresses his anger towards Law Enforcing Agency.