Delhi High Court - Orders
Surinder Oberoi & Anr vs State Of Nct Of Delhi on 5 July, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5068/2024
SURINDER OBEROI & ANR. .....Petitioners
Through: Mr. Prashant Mendiratta and Ms.
Somyashree, Advocates with
petitioner in-person.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Utkarsh, APP for the State.
SI Nisha, P.S.: Vasant Vihar.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 05.07.2024 CRL.M.A. 19374/2024 (exemption) Exemption allowed, subject to just exceptions.
Let requisite compliances be made within 01 week. The application stands disposed-of.
CRL.M.C. 5068/2024By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 ('Cr.PC'), the petitioner impugns order dated 03.10.2023, whereby the learned ASJ has been pleased to dismiss an application moved on behalf of the petitioners, who are the mother-in-law and father-in-law, implicated by their daughter-in-law in case FIR No.0247/2021 dated 06.11.2021 registered under sections This is a digitally signed order. CRL.M.C. 5068/2024 Page 1 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2024 at 20:58:28 498A/406/377/354/34 of the Indian Penal Code ('IPC') at P.S.:
Vasant Vihar. By way of the impugned order, the learned ASJ has declined to return the petitioners' passports which are lying deposited with the Investigating Officer ('I.O.') on the basis that since investigation in the matter has not yet concluded, the return of passports to the petitioners is not warranted.
2. Mr. Prashant Mendiratta, learned counsel appearing for the petitioners submits, that as is evident from a perusal of order dated 18.11.2021, the petitioners had surrendered their passports voluntarily to the I.O. in the proceedings on an application under section 438 Cr.P.C.; and had also submitted that they would not leave the country without prior permission of the court; and the passports have been lying with the I.O. ever-since.
3. Mr. Mendiratta submits however, that in the meantime since the validity of the passports had run-out, the passports were returned (by way of certain proceedings) to the petitioners for renewal; and after renewing the passports, the petitioners had again surrendered the passports to the I.O.
4. At the present stage, Mr. Mendiratta submits, that all that the petitioners want is to obtain visas for their proposed travel to Australia via Singapore, countries in which their sons reside; and that the petitioners would of course seek permission separately from the learned trial court before travelling to those places. However, in order to obtain visas, the petitioners want that their passports be returned to them, so that they can apply to the High Commissions of Australia and Singapore for that purpose.
This is a digitally signed order. CRL.M.C. 5068/2024 Page 2 of 4The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2024 at 20:58:28
5. Issue notice.
6. Mr. Utkarsh, learned APP appears for the State; and Mr. Mukesh Kumar, learned counsel for the complainant appears via video- conferencing, on advance copy; and accept notice.
7. After making some submissions, learned APP submits that, subject to the conditions that this court proposes to impose, the State does not object to the passports being returned to the petitioners.
8. Though Mr. Mukesh Kumar, learned counsel appearing for the complainant has raised certain objections to the return of passports, in the opinion of this court, those objections relate to the merits of the matter; and in view of the order that this court proposes to pass, such objections hold no water.
9. Upon an overall consideration of the facts and circumstances of the case, the present petition is allowed in the following terms :
9.1. The I.O. shall return the original passports to the petitioners, against acknowledgment of receipt within 01 week; 9.2. The petitioners are permitted to apply for visa to the High Commission of Australia, New Delhi within 02 weeks thereafter;
9.3. After the petitioners have applied to the High Commission of Australia for visa, the petitioners shall deposit the receipt/acknowledgment received from the High Commission/Visa Agency that the petitioners would receive as proof of application and deposit of passport with the I.O.; and would take such receipt from the I.O. subsequently, as and when required, in order to collect their passports;This is a digitally signed order. CRL.M.C. 5068/2024 Page 3 of 4
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2024 at 20:58:29 9.4. Once the petitioners have obtained visas from the High Commission of Australia, the petitioners would repeat the same process and apply for visa to the High Commission of Singapore; and repeat the same process of depositing the original receipt with the I.O. and taking it back subsequently, when required to collect their passport passport; 9.5. Once visas have been obtained from both High Commissions, the petitioners would deposit their passports back with the I.O. within 03 days of receiving the last visa.
10. It is made clear that nothing in this order would imply or constitute permission for the petitioners to travel abroad, for which purpose they would apply for prior permission from the learned trial court, as and when they wish to travel, which application(s) will be decided by the learned trial court in accordance with law.
11. The petition is disposed-of.
12. Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J JULY 5, 2024/ak This is a digitally signed order. CRL.M.C. 5068/2024 Page 4 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2024 at 20:58:29