Swapna Chakrabarti v. State Of West Bengal
16.08.2023 Serial no. 40 [G.S.D] CRR 2971 of 2023 In the matter of : Swapna Chakrabarti ... ... Petitioner Mr. Debabrata Acharyya Ms. Sital Samanta ... For the Petitioner Mr. Saswata Gopal Mukherjee Mr. Imran Ali Ms. Debjani Sahu ... For the State Learned Advocate for the petitioner is directed to serve a copy of this revisional application upon Mr. Imran Ali, Learned Advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authority.
The petitioner is aggrieved by the order dated 14.12.2022 passed by the Learned Special Court in connection with Special Case No. 09 of 2019. The petitioner intends to visit her daughter at U.K. and, for the said purpose, she intends to have necessary permission from the Court for re-issuance of Passport from the Passport Authority.
The petitioner before the Learned Special Court would furnish her itinerary and the time of visit which would
be for a period of three months which would preferably be on or about 15th of September, 2023 and return back to India and report to the Learned Special Court on 20th of December, 2023.
For the said period, the Learned Special Court would grant permission and direct the Passport Authority for reissuance of Passport. The petitioner would furnish her address of stay at U.K. and, if required, other tentative place that she intends to visit. Permission should be granted only for the purpose of visit to the U.K.
If, by way of an application, this Order is brought to the notice of the Learned Special Court, in seisin, of Special Case NO. 09 of 2019, the Learned Special Court would, within a period of seven days, dispose of the same and direct the concerned authority to re-issue the Passport by 8th of September, 2023, so that all arrangements can be made by the petitioner to leave for U.K. on or about 15th of September, 2023.
In case, any date is fixed before the Learned Trial Court, the Trial Court would proceed with the trial of the case where the petitioner would be represented by a lawyer, in future, if any physical identification is required, the petitioner will not challenge such identity and if any evidence is recorded during the said period that will not be
subject of challenge by the petitioner on the ground that the same was recorded in her absence.
With the aforesaid observations, CRR 2971 of 2023 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.)