MALATI RANI BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner and her husband Madan Chandra Barman along with their two minor children Krishna Barman aged about 10 years and Anima barman aged about 7 years were apprehended by the police in connection with a case for commission of the offences punishable under Section 13/14 of the Foreigners Act on the allegations they being Bangladeshi National entered into the territory of India without valid VISA. Following their arrest police registered a specific case being Islampur Police Station Case No. 208 of 2007 under Section 14/13 of the Foreigners Act and all of them were produced before the learned Additional Chief Judicial Magistrate, Islampur, when the learned Magistrate rejecting the prayer for bail of the petitioner and her husband remanded them to Jail Custody and accordingly, they were sent to the Islampur Sub-Divisional Correctional Home and have been detained there. Whereas the aforesaid two minor children of the petitioner being the alleged Juvenile in conflict with law were forwarded to the concerned Juvenile Justice Board and pursuant to the order passed by the board they were sent to the observation home and kept at Coochbehar children Home.

(2.) IN the meantime the petitioner in connection with G. R. Case No. 816 of 2007 arising out of Islampur Police Station Case No. 208 of 2007 under Section 13/14 of the Foreigners Act, 1946 moved an application before the learned Additional Chief Judicial Magistrate, Islampur and prayed for keeping her aforesaid two minor children with her at the Islampur Sub-Divisional Correctional Home where she has been detained, instead of keeping both of her said minor children at Coochbehar Children Home. However, the learned Additional Chief Judicial Magistrate, Islampur by his order dated November, 27, 2007 rejected such prayer. The petitioner challenged the aforesaid order in the instant criminal revisional application.

(3.) INSPITE of repeated calls and service of notice none appears on behalf of the State. Let the affidavit of service filed in Court be kept with the records.