SRI OMPRAKASH SAXENA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner has assailed the order dated 21.04.2018 passed by the learned Judicial Magistrate, 3rd Court, Barrackpore, North 24- Parganas in G.R. Case No. 5811 of 2013 arising out of Belghoria Police Station Case No. 499 dated 30.11.2013 under sections 51/63 of the Copyright Act, 1957 whereby warrant of arrest was issued against the petitioner due to his absence on the aforesaid date.

(2.) Learned counsel for the petitioner pointed out that by an order dated 21.02.2017 the surety was directed to produce the accused on the next date that is, on 21.04.2018 and at the same time issuance of warrant was ordered. It is submitted that the two orders namely, the order dated 21.02.2017 and the order dated 21.04.2018 are contradictory. It is further submitted that bailable warrant ought to have been issued at the first instance since the offence alleged is bailable. In support of such submission reference has been made to the case of Inder Mohan Goswami and Another Versus State of Uttaranchal and Others reported in (2007) 12 Supreme Court cases 1 paragraph 53.

(3.) Considered the submissions with reference to the order impugned.