Andhra Pradesh High Court - Amravati
Dongsoo Kim vs State Of Ap on 6 March, 2023
THE HON'BLE Ms. JUSTICE B.S.BHANUMATHI
I.A.No.1 of 2023
In
Criminal Petition No.2844 of 2020
ORDER:
This petition by the petitioner/A4 is filed to relax the conditions imposed in common order passed in Criminal Petition No.2844 of 2020 & batch.
2. Heard learned counsel appearing for the petitioner/A4 and the learned Assistant Public Prosecutor appearing for the respondent/ State.
3. Learned counsel for the petitioner submitted that since the employment of the petitioner, i.e., deputation to work in India, is completed, he has to go to his parent organization to continue to work and urged to relax the conditions imposed in the common order, dated 04.08.2020, passed in Criminal Petition No.2844 of 2020 & batch. Learned counsel referred to the order, dated 24.06.2020, of the Division Bench of this Court in W.P.No.10223 of 2020 in favour of Kug Lae Noh, petitioner therein, with certain conditions to leave India to go to South Korea.
4. Learned Assistant Public Prosecutor opposed the petition submitting that investigation is not yet completed. Learned Assistant Public Prosecutor tried to distinguish the order passed in the writ petition stating that the order therein was passed since the 2 BSB, J I.A.No.1 of 2023 in Crl.P. No.2844_2020 petitioner therein is neither an employee nor the Director of LG Polymers India Private Limited, but he is employee of L.G. Chem Ltd. (LGC), South Korea, who visited India to supplement and assist the efforts of LGPI and to find out the cause for the incident, being a member of the Expert Team of the parent company.
5. Perused the record.
6. In spite of long time had elapsed, charge sheet has not been filed so far and there is no clue as to when it would be completed and when the matter may be taken up for trial. The fact that the deputation of the petitioner/A4 to work within India has been completed is not denied. As such, since the petitioner has to go back to his country, the condition earlier imposed was preventing him to leave India. Therefore, to balance the interests of both sides, the condition can be partially modified by directing the petitioner to appear before the Station House Officer, Gopalapatnam P.S., twice in an year, i.e., in the 1st week of January and June every year, till completion of trial, and also to furnish an undertaking in the form of an affidavit.
7. Accordingly, I.A.No.1 of 2023 is allowed, and the conditions imposed in the common order, dated 04.08.2020, directing the petitioner not to leave the jurisdiction of the Court of learned II Additional Chief Metropolitan Magistrate, Visakhapatnam, until further orders and to appear before the S.H.O., Gopalapatnam P.S 3 BSB, J I.A.No.1 of 2023 in Crl.P. No.2844_2020 between 10 AM and 12 noon on every Monday until further orders, are hereby modified; and instead, the petitioner is directed to appear before the Station House Officer, Gopalapatnam P.S., twice in an year, i.e., in the 1st week of January & June every year, till completion of trial; subject to complying the following conditions:
1) The petitioner shall file an affidavit indicating his permanent residential address and the Company along with e-mail address, telephone number and mobile number before the learned II Additional Chief Metropolitan Magistrate, Visakhapatnam within one week from the date of receipt of a copy of this order.
2) In the said affidavit, it be specified that as and when any response is sought for during investigation/enquiry by the authorities, the same will be furnished within two weeks from the date of receipt of such requisition, along with all relevant details as he possess.
Pending miscellaneous petitions, if any, shall stand closed.
________________ B.S.BHANUMATHI, J 06.03.2023 RAR