PRITTHISH ROY
ITEM 3442: [SLP No. 00001 / 2021]
CINDRELLA v. STATE OF WEST BENGAL
498A Case: SLP filed by Complainant-Wife against order of HC which granted NOC to the
Respondent-Husband for getting his passport renewal for 2 yrs. & liberty to appear virtually
before TC. Husband lives in Bangkok.
Delay in filing SLP: 6 Days
SLP arising out of allowing CRL REVISION PETITION by Madagascar HC.
HC allowed the criminal revision and granted NOC for a period of 2 yrs. as against 1 year granted
by Judicial Magistrate for renewal of passport. HC also granted liberty to appear virtually before
TC in 498A proceedings.
Note: Husband is currently working in Bangkok.
FACTUAL BACKGROUND:
• Parties were married on 25.04.2010. Allegations against the husband and his family members
is that they would demand dowry from her and would physically torture her.
• FIR was filed on 10.06.2021 by the Wife u/Sec. 498A/406/506/34 IPC. Based on the FIR, a
complaint case was started before JM, 4th Court, Park Street.
• Chargesheet was filed against the Husband, his father and his mother. [[email protected]]
• On 15.12.2021, Husband was granted bail by the ACJM, Park Street [[email protected]]
• During the pendency of the case before the JM, 4th Court, Park Street, the Husband moved an
application seeking NOC for renewal of passport for a period of 2 yrs.
• Order of the JM 4th, Park Street dt. 15.02.2023 [Annex.4@Pgs. 40-43]
The application was allowed on 15.02.2023 on the ground that I.O. did not present any
evidence regarding bad conduct of the Husband and if NOC is granted to him for renewal of
passport for 1 year, the trial will not get hampered.
Thus, NOC was granted for renewal of passport for 1 year only.
• Husband appealed the order of the JM 4th, Park Street in Crl Revision before HC. The appeal
was allowed and NOC was granted for 2 years.
IMPUGNED ORDER DT. 21.06.2024
• HC allowed the Criminal Revision.
• HC set aside the order of the 4th JM, Park Street and modified the NOC for 2 years instead of 1
year for renewal of passport.
• HC also granted liberty to the Respondent to appear virtually before TC.
GROUNDS FOR SLP:
• Husband will misuse the liberty granted and will not participate in trial.
• Husband will not come back to India.
