Md. Sarfaraz Ali Ahmed v. State Of West Bengal And ORS.

16.05.2023.

Court No.13 Item No. 4 ap W.P.A. No. 4695 of 2023 Md. Sarfaraz Ali Ahmed

Versus

The State of West Bengal & Ors.

Md. Adil Badr, Mr. S.E. Huda, Mr. Sobhan Gani, Md. Aqib Badr, Ms. Nafisa Anwar, Mr. Shakti Shivam.

...For the petitioner.

Mr. Santanu Kumar Mitra, Ms. Anandamoyee Ghosh.

...For the State.

1. The petitioner's application for VISA from the Polish Embassy in India is pending clearance for Police Verification. There is no document on record to indicate that the Polish Embassy has raised the aforesaid issue.

2. The petitioner has already obtained a passport issued by the Government of India.

3. Metiabruz Police Station has indicated that there is a criminal proceeding pending against the petitioner being FIR No. 231 of 2022 dated 10th September, 2022 under Sections 448/354D/506/509 of the Indian Penal Code.

4. It is the discretion of the Polish Embassy whether any VISA will be issued in favour of the petitioner or not. This Court sees no urgency whatsoever or any cause of action for filing the instant writ petition.

5. Hence, W.P.A. No. 4695 of 2023 must fail and is hereby dismissed with costs assessed at Rs.5,100/- (Rupees Five Thousand One Hundred only) payable by the petitioner to the Metiabruz Police Station.

6. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)