SAURABH SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is directed against the impugned order dtd. 22/8/2017 passed by the learned Additional Chief Judicial Magistrate at Alipurdur inconnection with GR. Case No.2825 OF 2013 under Sec. 406/409 of the Indian Penal Code issuing warrant of arrest and proclamation of attachment against revisionist/petitioner co-incidentally and simultaneously Learned advocate for the revisionist fairly submits that the point involved in this case being purely based on law may be set at rest without calling for the records and without resorting to any extensive hearing even in the absence of opposite party no.1 being the State of West Bengal represented through Public Prosecutor , Government of West Bengal.

(2.) Upon perusal of the impugned order, it appears that the core issue raised herein is basically based on law and interpretation of the provisions contained in Ss. 82 and 83 of the Code of Criminal Procedure. That being the position the revisional Court is of the view that the matter may be disposed of even though the cases appearing at the listed motion stage for law point having involved in this case.

(3.) The solitary point raised requiring decision is whether a Court can issue both warrant of arrest and proclamation of attachment simultaneously, which this Court is under obligation to answer.