LAWS(CAL)-2008-4-46

MAHADEB BISWAS Vs. STATE OF WEST BENGAL

Decided On April 09, 2008
MAHADEB BISWAS Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THIS application is directed against an order of issuance of warrant of arrest passed by the Learned Additional Sessions Judge, Fast Track Court ? I, ranaghat, Nadia in connection with S. C. No. 20 (9) of 2004.

(2.) MR. Dipanjan Chatterjee, the learned Counsel appearing on behalf of the petitioner submitted before this Court that due to some communication gap the petitioner was not timely informed by his Learned Counsel about the date fixed for his appearance before the Trial Court and consequently the petitioner without having any intention to avoid the due process of law, could not be present in Court on the date so fixed and warrant of arrest was issued against him. He further submitted that the petitioner is ready and willing to face his trial by being present before the Trial Court and thus prays the warrant of arrest be set aside and the petitioner, who was on bail be permitted to remain on the same bail.

(3.) ON the other hand, Mr. Sobhendu Sekhar Roy, the learned advocate of the State pointed out before this Court that in the instant criminal revision the petitioner challenged the order dated 13th June, 2007 whereby the order of warrant of arrest was issued against the petitioner and the same being hopelessly time barred, without any application for condonation of delay and delay being condoned, this criminal revisional application cannot be entertained and accordingly prays the instant criminal revisional application be dismissed.