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2005 DIGILAW 532 (CAL)

NABA KUMAR BERA v. STATE OF WEST BENGAL

2005-08-16

PRAVENDU NARAYAN SINHA

body2005
Before Pravendu Narayan Sinha, J. ( 1 ) THIS revisional application has been filed by the petitioners assailing the order dated 14. 6. 2005 passed by the learned Additional Sessions Judge, fast Track Court, Arambagh, in G. R. Case No. 66 of 1995 ( S. C. No. 39 of 2005 ). ( 2 ) LEARNED Advocate for the petitioners submitted that there is no fixed Presiding Officer in the Court of the learned Additional Sessions Judge, fast Track Court, Arambagh. One learned Additional Sessions Judge is in charge of the said Court. The date is pending in the said Court for appearance and for further orders. During such stage, appearance of all the 49 accused persons is not necessary. On 14. 6. 2005, these petitioners were ill for which they could not attend Court, but the learned Judge issued warrant against them and the warrant may be stayed for some time. ( 3 ) I am of the opinion that the matter can be disposed of without hearing the opposite party. ( 4 ) IT appears that the Sessions Case No. 39 of 2005 is pending in the court of the learned Additional Sessions Judge, Fast Track Court, Arambagh. The certified copy of the ordersheet annexed with the revisional application indicates that one learned Judge is in charge of the said Court. The order-sheet further indicates that the case is pending at the stage of appearance of the accused persons and for further orders. When the Court is lying vacant, as it appears from the order dated 14. 6. 2005, learned judge could have considered their application for adjournment or time submitted on 14. 6. 2005. If on the fixed date for framing of charge or evidence when the regular Presiding Officer is there in Court an accused does not appear, the learned Judge must be strict. But when the regular Presiding Officer is absent and the Court is vacant, the learned Judge in charge could have shown some leniency. Be that as it may, the warrant that has been issued against these two petitioners shall remain stayed for a period of four weeks from date during which the petitioners shall surrender before the learned Additional Sessions Judge, Fast Track Court, arambagh when the learned Additional Sessions Judge shall pass necessary orders. Be that as it may, the warrant that has been issued against these two petitioners shall remain stayed for a period of four weeks from date during which the petitioners shall surrender before the learned Additional Sessions Judge, Fast Track Court, arambagh when the learned Additional Sessions Judge shall pass necessary orders. ( 5 ) IT is made clear that if they fail to appear before the learned Judge during the aforesaid time, the learned Judge will be at liberty to proceed with the execution of warrant against them in accordance with law. ( 6 ) THE revisional application is accordingly disposed of in the light of the observations made above. ( 7 ) CRIMINAL Section is directed to supply certified copy of this order to the learned Advocates for the petitioners, if applied for.