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Sukumar Rajgopalan vs Unknown on 5 April, 2019


159 05.04.2019

C.R.R. 392 of 2019
SB Court 29

In the matter of : Sukumar Rajgopalan

Mr. Moyukh Mukherjee
Mr. Koustav Lal Mukherjee
Mr. Abhijit Singh … For the Petitioner

The learned advocate appearing on behalf of the petitioner prays

for leave to amend the cause title in view of the fact that the petitioner is

actually challenging the impugned order dated 19.12.2018 and not the

order dated 10.08.2017 in this revision.

Leave is granted to amend the cause title.

The learned advocate appearing on behalf of the petitioner submits

as follows. On 23.05.2017 the de facto complainant lodged a First

Information Report against the present petitioner under section 498A of

the Indian Penal Code. Even without serving a notice under section 41A

of the Code, the petitioner was arrested. Subsequently, on 13.06.2017 the

petitioner was granted bail, inter alia, on the condition that he should

deposit his passport to the Investigating Officer of the case. It is true that

the passport was deposited and the said condition was not challenged

before any Court of law. Subsequently, the petitioner prayed for return of

the passport, but the same was refused by the learned Court below.

Perhaps technically the petitioner ought to have filed an application for the

relaxation of condition of bail. Be that as it may, the seizure of the

passport even by a Court is violative of the ratio laid down by the Hon’ble

Apex Court in Suresh Nanda vs. C.B.I. reported in AIR 2008 S.C. 1414.

Let the petitioner serve a copy of this application upon the State

through the learned Public Prosecutor and upon the opposite party no. 2

by speed post with acknowledgement due, within a week. An affidavit of

service to that effect shall be filed on the next date of hearing.

Let this matter appear under the heading ‘Contested Application’

two weeks hence.

Urgent photostat certified copy of this order may be supplied to the

parties expeditiously, if applied for.

(Jay Sengupta, J.)

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