Anup Mondal v. State Of West Bengal

31.01.2024

IN THE HIGH COURT AT CALCUTTA

Item No.71 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 169 of 2024 Anup Mondal versus The State of West Bengal Mr. Kallol Kumar Basu, Md. Jannat Ul Firdous ... For the Petitioner.

The petitioner has challenged the order dated 28.11.2023 passed by learned Additional District and Sessions Judge, Fast Track 1st Court, Basirhat as the petitioner intended to get verified 22 documents which he have obtained for substantiating his claim as Indian citizen. Learned advocate for the petitioner submits that the petitioner has been unnecessarily foisted with the case under the relevant sections of the Passport Act and the Foreigners Act.

In view of the stage of the case and earlier documents were not produced and the observations of the Hon'ble Division Bench in CRM(DB) No. 4237 of 2022, I am of the view that if the petitioner has been able to collect such documents while in custody and was unable to produce the same at the appropriate stage, the learned trial court would grant an opportunity to the petitioner to place such documents at the stage of consideration of the charges. If required, the learned trial court in the fitness of the circumstances would be at liberty to verify the genuinity and authenticity of the same.

With the aforesaid observations, the revisional application being CRR 169 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)