Payel Dutta v. State Of West Bengal

08.11.2024 rc/ct.no.34 Item No.07 CRR No. 4758 of 2024 In the matter of : Payel Dutta Vs. State of West Bengal Mr. Sourav Chatterjee Mr. Shiladitya Banerjee Mr. Soumya Nag ...for the Petitioner Mr. Debasish Roy Mr. Arijit Ganguly Ms. Sreemayi Roy ...for the State Affidavit of service filed by the petitioner is taken on record. Heard learned counsels for the parties.

It appears that charge sheet has been submitted against the petitioner under Sections 120B/403/409/420/465/466/467/ 468/471/24 of the Indian Penal Code. The petitioner was granted bail by the learned Chief Metropolitan Magistrate, Calcutta presently redesignated as the learned Chief Judicial Magistrate, Calcutta on November 20, 2023 on condition that she should cooperate with the Investigating Officer as and when required and should also submit her passport before the Court on January 18, 2024. The petitioner submitted her passport before the Court only on September 10, 2024.

Petitioner seeks return of her passport for a limited period for appearing before the visa authority for issuance of visa for the purpose of travelling to Switzerland for a training programme

scheduled to be held from December 13, 2024 to December 18, 2024.

Learned counsel for the petitioner submits that the petitioner may be allowed to travel to Switzerland under any stringent condition since the training is extremely prestigious one and she undertakes to deposit the passport before the learned Magistrate immediately upon her return to India. Learned counsel for the State opposes the prayer of the petitioner primarily on the ground that the petitioner failed to deposit the passport before the learned Magistrate in terms of the order passed by the learned Magistrate and has, therefore, violated the said order.

However, since the petitioner intends to participate in the training programme to be held in Switzerland and her visa appointment has been fixed from November 06, 2024 to November 12, 2024, the learned Magistrate is directed to return the passport of the petitioner to her on an undertaking submitted by the petitioner that the passport shall be used for attending the said visa interview and for travel of the petitioner to Switzerland for the purpose of training to be held on December 13, 2024 to December 18, 2024.

The petitioner shall submit the passport before the learned Magistrate within December 22, 2024.

With the above direction and observation the revisional application being CRR No. 4758 of 2024 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)