Dr. Ajoy Kumar Mukherjee, J.

1. Petitioners herein have prayed for quashing of proceeding being Bongaon P.S. case no. 1187 of 2025 dated 29.12.2025 under section 21 of the Immigration and Foreigners Act, 2025 (in short Act of 2025) corresponding to GR Case no. 4106 of 2025 presently pending before learned ACJM, Bongaon.

2. Being aggrieved by the aforesaid proceeding, learned counsel for the petitioner, Mr. Mazumder argued that the investigating agency despite possessing Foreigner’s Regional Registration Officer’s (in short FRRO) verification report dated 12.02.2026, which establishes the petitioner’s entry into India on 07.12.2024, which is prior to the statutory cut-off date of 31.12.2024, has maliciously proceeded to file charge sheet against the petitioner, under section 21 of the Act of 2025. While initiating the instant proceeding, the investigating agency has shown complete disregard to the mandatory exemption.

3. The background of the case is that the petitioner, who is a 27 year old Hindu women from Khulna District, Bangladesh was arrested by the police and thereafter granted bail on 28.02.2026. The petitioner belongs to a minority Hindu community who was allegedly compelled to flee from her homeland due to religious persecution of minorities in Bangladesh and as such has sought shelter in India. On 07.12.2024 she entered India through the Ghozadanga Land Border, possessing a valid Bangladesh Passport, bearing no. A 01870282 and a valid VISA bearing no.VL6686067, which was issued on 07.07.2024 and was valid upto 06.01.2025. Therefore, her entry in India is well within the permissible period of her VISA and since then she remained in India.

4. In December, 2024 subsequent to her Entry into India she got married to one Bibek Mondal, a citizen of India, according to Hindu rites and customs. The petitioner after her marriage resided with her husband and his family members at her matrimonial home in Raipur, India.

5. However, it is alleged by petitioner that soon after the marriage she started facing several matrimonial discord, cruelty at the hands of her husband and her in laws and she was subjected to mental and physical harassment. The petitioner being alone with no support, endured the said cruelty for several months with the hope of saving her marriage, but according to her allegation the harassment only escalated with time.

6. Her further case is in or around December, 25 being unable to bear the continuous cruelty any longer, she went to Bongaon P.S. to lodge a written complaint against her husband and in laws. However, instead of registering her complaint and providing her with the protection, they refused to accept her complaint. Thereafter the petitioner’s husband Bibek Mondal allegedly in active collusion and conspiracy with the local police at Bongaon P.S. hatched a plan to make her silent and to prevent her from pursuing her complaint. Thereafter on 29.12.2025 the petitioner has been implicated with the instant case by the investigating officer acting at the behest of the petitioners husband and in abuse of his official position, alleging that the petitioner was found loitering aimlessly, who failed to produce valid travel document.

7. Mr. Mazumder in this context argued that on 01.09.2025, the ministry of Home Affairs, Government of India in exercise of powers conferred by section 33 of the Act of 2025 published Notification No. 3997 (E) in the official gazette. Order 3(1) (e) provides for a complete statutory exemption from the requirement of possessing valid passport and visa, in case of a person, who is victim of religious persecution.

8. The petitioner squarely falls within the four corners of the exemption as she entered India on 07.12.2024 with valid documents which subsequently expired on 06.01.2025. He further submits that on 22.01.2026, learned ACJM Bongaon, upon hearing the petitioner’s counsel, passed a judicial order thereby directing the investigating officer to verify the petitioner’s passport a