Deepak Gupta, C.J. - (1.) BOTH the petitions can be disposed of by a common Judgment since similar questions are involved and both the petitions and have been filed by the same person.
(2.) BRIEFLY stated the prosecution case is that a police officer received secret information that one criminal gang which included the present petitioner as one of its members had assembled near Shanitala, old Motor Stand area. According to the prosecution, these persons had assembled and made preparation to commit dacoity in some house in that area. Thereafter, the police conducted a raid and cordoned off the area. Only one person, Amitabha Ghosh could be arrested on the spot and rest of the alleged offenders including the present petitioner fled away from the spot. Thereafter, FIR was presented before the concerned Magistrate and proceedings continued before him. An application for bail was filed and finally on 17th January, 2014 the charge sheet was filed wherein the present petitioner Rajendra Das was shown to be an absconder. Thereafter, on 10th February, 2014, the committing Magistrate i.e. the Chief Judicial Magistrate passed a detailed order, relevant portion of which reads as follows: - It appears from the Charge sheet that the investigating Police officer SI Rana Chatterjee submitted charge sheet against five accused persons including the present four accused persons showing accused Rajendra Das S/O. Lt. Lakhen Charan Das of Durjoynagar, PS. Airport showing him absconder. Accordingly, office is directed to split up this case record for accused Rajendra Das and to issue Warrant of Proclamation and attachment against accused Rajendra Das. This order is the subject matter of challenge in Criminal Petition No. 41 of 2014.
(3.) IT appears that in the mean time, some of the co -accused applied for bail and the record was sent to the High Court and a shadow file was created by the trial Court. On 27th March, 2014, the records were sent back from the High Court and on this date, an order has been passed most of which is not relevant for the purpose of decision of this case, but in hand, it is mentioned "Issue W/A against accused Rajendra Das". This order is the subject matter of challenge in Criminal Petition No. 42 of 2014.;