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Calcutta High CourtCRM/9081/2019disposed

Upanita Das v. State Of West Bengal & ANR

2021-09-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

15.09.2022 Serial no.32 Aloke CRM 9081 of 2019 with IA CRAN 1 of 2021 With IA CRAN 2 of 2022 In the matter of: Smt. Upanita Das ... ... Petitioner Mr. Anand Keshari, Advocate Mr. R. Ansari, Advocate ... ... For the Petitioner Mr. Abhijit Addya, Advocate Ms. Sudeshna Basu Thakur, Advocate ... ...For the de facto complainant Mr. Anwar Hossain, Advocate Mr. Narayan Prasad Agarwala, Advocate ... ... For the State Petitioner prays for modification of a condition of the order dated September 9, 2021.

The petitioner seeks that the petitioner should be allowed to travel outside the State of West Bengal.

Two reasons are cited for such relaxation.

One of the reasons is the requirement of the medical attention to the parents of the petitioner. The other is the requirement of the petitioner to submit the migration certificate from Bangalore University to the present University where he is studying. In CRAN 2 of 2022, the averments made in paragraph 10(b) thereof is that the petitioner pursuing LLB (3 years Hons.) in Burdwan University, West Bengal and that such University requires the migration to be submitted within the end of September, 2022.

In such circumstances, it would be appropriate to direct the Officer-in-Charge of the Police Station in which the police case was registered to take appropriate steps for the purpose of obtaining the migration certificate of the petitioner from Bangalore University and make over the same to Burdwan University.

This mechanism will obviate the requirement of the petitioner to travel outside the State of West Bengal. The criminal case is yet to be disposed of.

The Court is informed that the next date is fixed on September 23, 2022 by the learned trial Judge for the purpose of hearing arguments and filing notes of arguments. The learned trial Judge is requested to dispose of the case as expeditiously as possible.

The learned trial Judge is requested not to grant any unnecessary adjournment to any of the parties. The Department of Studies, Burdwan University, is requested not to take any penal measures as against the petitioner for non-submission of the migration certificate for a period of six months from the date.

IA CRAN 2 of 2022 is disposed of accordingly. On the prayer of the learned Advocate appearing for the petitioner, IA CRAN 1 of 2021 is dismissed as not pressed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)