Aniruddha Guha Roy v. State Of West Bengal And ORS.

09.10.2023 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 22962 of 2023 Aniruddha Guha Roy Vs.

The State of West Bengal & Ors.

Mr. Ranojoy Chatterjee, Ms, Piyeta Bhattacharjee, Mr. Tamal Singha Roy, Ms. Tamoghna Pramanick ...for the petitioner Mr. Debnarayan Banerjee, Mr. Md. Ahsanuzzaman ...for the State

1. Learned counsel appearing for the petitioner submits that the petitioner had suffered the pendency of a criminal proceeding, inter alia under Section 498A of the Indian Penal Code.

Subsequently, the same was disposed of but the petitioner, despite having applied, has not yet obtained a certified copy of the order.

2. It is contended that the petitioner seeks to go abroad and for such purpose, has applied for passport, but the police verification could not be completed in view of the certified copy of the order having not been furnished as yet.

3. W.P.A. No. 22962 of 2023 is accordingly disposed of by directing the respondent no. 2, that is, the District Judge, South 24-pargans, to ensure

that the petitioner is furnished certified copies of the order dated January 13, 2021 passed by the Eighth Court of Judicial Magistrate at Alipore in the proceeding under Sections 498A, 406, 323 and 34 of the Indian Penal Code bearing CGR 2404 of 2014.

4. Such certified copy shall be issued in favour of the petitioner as expeditiously as possible, positively within a week from the date of communication of this order to the said respondent, subject to the petitioner having complied with all due formalities for obtaining such certified copy.

5. There will be no order as to costs.

6. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

Sabyasachi Bhattacharyya, J.