Maidul Islam Mystree And ANR v. Union Of India And ORS

od 5 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE.

WPO/1185/2024 MAIDUL ISLAM MYSTREE AND ANR VS UNION OF INDIA AND ORS

BEFORE

THE HON'BLE JUSTICE AMRITA SINHA Date: December 23, 2024.

Appearance :

Mr. Indrajit Bhattacharje, Adv.

Mr. Moloy Roy Choudhury, Adv.

..for Petitioners.

Mr. Asok Kr. Chakraborty, Ld. ASGI.

Mr. Tirtha Pati Acharyya, Adv.

..for Respondent nos. 1 & 2.

Mr. D. Mukherjee, Adv.

Mrs. Susmita Chatterjee, Adv.

..for the State.

1.

The petitioners intend to go for Haj pilgrimage. Due to pendency of a criminal case against them, the passport authority is not proceeding with their applications.

2.

The petitioners approached before the learned Court where the criminal proceeding is pending to obtain no objection from there. Petition filed by the petitioners stood rejected being premature vide order dated 6th October, 2023.

3.

The petitioners in the petition before the learned Trial Court disclosed the proposed date for pilgrimage. The said date is long over. As on date, there is no order from the learned Criminal Court permitting the petitioners to undertake the journey for pilgrimage.

4.

It will be open for the petitioners to approach the learned Trial Court for necessary order permitting them to undertake the journey for pilgrimage.

5.

In the event such an order is obtained by the petitioners, the same shall be forwarded to the passport issuing authority for taking consequential steps.

6.

Writ petition stands disposed of.

7.

Affidavit of service filed in Court today is taken on record. 8.

Report filed by the Officer-in-Charge, Nadial Police Station dated 22.12.2024 is also taken on record.

9.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm.