Calcutta High CourtCRM/5841/2020dismissed

Joypal Nisha @ Najma Shaikha v. State Of West Bengal

2021-06-07Hon'Ble Justice Bibek Chaudhuri3 pages

07.06.2021 Item no. 2 Ct.19 CHC C.R.M. No.5841 of 2020 C.R.A.N.4257 of 2020 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Gaighata Police Station Case No. 809 of 2019, dated 17.10.2019 under Section 14 of Foreigners Act.

And In the matter of:- Joypal Nisha alias Najma Shaikh ... Petitioner Mr. Malay Bhattacharya .. for the petitioner Ms. Faria Hossain, Ms. Sonali Das ..for the State The instant C.R.M.5841 of 2020 is taken up for hearing. The allegation against the petitioner is that she us a foreign national and accordingly Gaighata Police Station Case No.809 of 2019 dated 17th October, 2019 was registered against her under Section 14 of the Foreigners Act.

In course of hearing of the instant application it is submitted by the learned advocate for the petitioner that along with the application the petitioner's voter identity card and Aadhaar card

were annexed. There are the documents of citizenship of the petitioner. Moreover, the petitioner annexed a birth certificate of her son Mohd Faruk who was born in Mumbai, Maharashtra. The said birth certificate was sent to the concerned police authority at Maharashtra for verification and report. A report has come wherefrom it is found that the said birth certificate is forged one.

The documents filed by the petitioner in her name were not verified.

At this stage, the learned advocate for the petitioner submits that he does not want to place the instant application and the instant application may be dismissed being not pressed. In view of such submission, the instant application being C.R.M.5841 of 2020 stands dismissed being not pressed. With the disposal of the main application the connected application is also disposed of.

The report submitted by Mr. Balay Ghosh, S.I. of Police, Officer-in-Charge, Gaighata Police Station be kept with the record. The report submitted by learned Registrar Administration (L & OM), High Court, Calcutta dated 18th December, 2021 also kept with the record.

(Bibek Chaudhuri, J.)