Present : Sk. Md.

Arif Hasan Judicial Magistrate 5 th Court , Bankura

GR-587/07
08/01/2015

Record is put by petition.

Witness Sudipta Porel, WBCS (Exe), surrendered before me.
Though he surrendered through a Ld. Advocate, yet he submitted personally.
He went on saying that he never received any summon ever for this case and the warrant was
illegally issued. This is no doubt a serious allegation.
Hd. Considered.
Perused the record.
It seems that the WWA was issued by Ld. Predecessor P.O of my court on 17-05-2012.
I have no hesitation, however, in holding that whatever the witness submitted in open court
are white lies. I have reason for it. The record suggests that the witness sent a letter to D.M.,
Bankura on 04-01-2012 admitting that he received summons of this case on 05-01-2011 at
10:30am vide memo no.42/G dt. 03-01-2012. The said letter was sent to this court by the D.M
vide memo no. 71/G dt. 04-01-2012. This letter is present with the record. It is important to
note the signature portion of the notice wherein the witness signed with date. The date as
endorsed by the witness suggests that he wrote the letter on 04-01-2012. The claim of the
letter that he received the summons on 05-01-2012, which is to come a day after it was signed,
is, therefore, also false and the same would amount to creation of an ante-dated document.
Having perused this document, I have no doubt that the witness intentionally avoided to
attend the court in obedience of summon which is a crime u/s 174 IPC & the same could be
dealt with by the same court u/s 350 Cr. P.C. Let me say at once that this kind of adamency
on the part of Govt. employees could not be tolerated. They should be dealt with strictly to
show them and to show all the public servants everywhere that they are not above law
and they would not be given any special privilege.
But, what is to be done to this witness now? He is no doubt guilty. He no doubt broke the law.
But he voluntarily came today. He is no more braking the law. He filed an apology also in
writing after his lies were detected. I think, he deserves one chance to rectify himself and to
have a chance to prove that he would obey the law from now on. I would, therefore, release
him on bail. He may find interim bail on furnishing PR bond @ Rs.1,000/- and subject to the
condition that he would attend court on the next date which has been scheduled on 20-012015 and the day after that as may be fixed till his evidence is over.
Sd/(Sk. Md. Arif Hasan)
J.M. 5 th Court , Bankura