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2022 Supreme(Cal) 732

JAY SENGUPTA
Shukla Mondal @ Sumi – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Kusal Kumar Mukherjee, for the Appellant; Mr. Saswata Gopal Mukherjee, Ld. PP, Mr. Arijit Ganguly, Ms. Chandreyi Alam, for the Respondent.

ORDER

1. This is an application challenging an order dated 19.03.2021 passed by the learned Additional Chief Judicial Magistrate, Bongaon, North 24 Parganas in connection with G.R. Case No. 3982 of 2017 under Sections 370, 371, 120B and 34 of the Indian Penal Code.

2. Learned counsel for the petitioner submits as follows. The petitioner is a victim of human trafficking. She is a Bangladeshi national who was trafficked to India for the purpose of exploitation in the flesh trade. In connection with the present case, she was recovered on 09.12.2017. She was sent to Lilua Home at Howrah for safe custody on 10.12.2017. Since then she is in the protective custody of the said Home. In the meantime, a charge-sheet was submitted. But, the Investigating Agency could not apprehend the accused. While the accused are at large, the petitioner being the victim in this case, is languishing in protective custody. She wants to return to her own country. She had, accordingly, made an application for repatriation to her own country. However, by an order dated 19.03.2021, the learned Magistrate held that return of the victim girl at the stage would damage the chances of the trial in this case. This canno

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