Niranjan Sihi v. State Of West Bengal And ANR

23.02.2024 Serial no. 74 [G.S.D] CRR 640 of 2024 In the Matter of : Niranjan Sihi ... ... Petitioner Mr. Milon Mukherjee Mr. D. Dutta ... for the petitioner Mr. Debashis Ray Mr. Arijit Ganguly Sk. Arif Hossain ... for the State The petitioner is aggrieved by the factum that the prayer for renewal of the passport was earlier refused by the ld. CJM, Purba Medinipur.

The fact remains that the present case being Panskura P.S. Case No. 325 of 2011 is pending and the ld. CJM, Purba Medinipur, is in seisin of the matter. The petitioner cannot be denied the passport but the very format and/or rules under the passport is required for the court, wherein the proceedings are pending, to give permission for renewal and/or granting of passport. The petitioner is directed to file a fresh application enclosing a Photostat copy of the form/undertaking provided under the Passport Act and Rules.

The ld. CJM, Purba Medinipur on perusal of the same will grant permission for renewal of the passport to the petitioner for a period of five years.

However, in case, the petitioner intends to leave the country, then, in that case, the permission of the ld. CJM, Purba Medinipur or the ld. Jurisdictional court, who is in seisin of Panskura P.S. Case No. 325 of 2011, would be required for leaving of the country.

With the aforesaid observations, CRR 640 of 2024 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)