INDRAJIT MUKHERJEE Vs. STATE

JUDGEMENT

(1.) This criminal revision is directed against an order passed by the Learned Additional Chief Judicial Magistrate, Bidhannagar, North 24-Parganas in connection with G.R. Case No. 142 of 2009 arising out of Bidhan Nagar P.S. Case No. 18 of 2009 under Sections 341/323/324/307/506/34/354 of the Indian Penal Code, whereby the Learned Magistrate rejected the petitioners prayer for grant of no objection for Passport.

(2.) It appears that the present petitioner is an employee of a private company, viz. Cognizant. It further appears from the materials on record that after the petitioner successfully completed on boarding formalities he was asked by his employer to produce original documents relating to its educational qualification including his Passport etc. The petitioner not having Passport, while pursuing for the same found according to the statutory rules he was required to furnish along with his application for Passport, the details of criminal cases, if any, pending against him and if any such case is pending, then in that case to submit a no objection certificate to be issued by the concerned Court. Since the petitioner was arraigned an accused in connection with the aforesaid case, consequently he applied before the Learned Additional Chief Judicial Magistrate, Bidhannagar for issuance of no objection certificate, however the Learned Magistrate declined his prayer, hence this criminal revision.

(3.) Heard the learned advocates appearing on behalf of the parties. Perused the Case Diary and other materials on record.