Aditya Kumar Poddar @ Aditya Kumar v. State Of West Bengal

04.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.67 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1333 of 2024 In the matter of : Aditya Kumar Poddar @ Aditya Kumar ... Petitioner.

Mr. Apalak Basu, Mr. Nazir Ahmed, Ms. Sanghamitra Mridha, Mr. Soumyajit Chakraborty ... For the Petitioner.

Mr. Arijit Ganguly ... For the State.

Learned advocate appearing for the petitioner is directed to serve a copy of this revisional application upon Mr. Arijit Ganguly, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The subject-matter of the present revisional application relates to order dated 27.02.2024 and is restricted to permission of the court for being granted, for issuance or renewal of the passport, if required. Learned Metropolitan Magistrate, 7th Court, Calcutta was of the opinion that as the passport was not related to the case, as such the court has no scope for directing issuing of passport and its validity. The petitioner would file an application enclosing the downloaded copy of the form for renewal or fresh issuance of passport. The relevant part of the form would be brought to the notice of the court for permission being granted by the court. So far as the issuance of passport is concerned, under the settled provision of law no court can refuse such permission for issuance of passport or renewal of passport.

However, if the petitioner leaves the country, in that case permission should be sought for from the learned Metropolitan Magistrate, 7th Court, Calcutta. If a fresh application is taken out by the petitioner, the learned Magistrate would dispose of the same within a period of 15 days from the date of filing of such application. With the aforesaid observations, the revisional application being CRR 1333 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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.)