Madras High Court
V.Sathiamoorthy vs The Inspector Of Police on 23 November, 2023
Author: G.Jayachandran
Bench: G.Jayachandran
Crl.O.P.No.21789 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.11.2023
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.O.P.No.21789 of 2023
V.Sathiamoorthy
... Petitioner
-vs-
The Inspector of Police,
W-23 All Women Police Station,
Royapettah, Chennai.
Crime No.1 of 2014
...Respondent
PRAYER : Criminal Original Petition has been filed under Section 482 of
Criminal Procedure Code, to call for the records in Crl.M.P. No.14253 of 2023
dated 12.09.2023 on the file of the learned XVIII Metropolitan Magistrate,
Saidapet and set aside the same, thereby permitting for renewal of the passport
of the petitioner bearing No.W6700993 and further to permit the petitioner
travel to US from his employment purpose.
For Petitioner : Mr.R.Ganeshkumar
For Respondent : Mr.Leonard Arul Joseph Selvam
Government Advocate (Crl.Side)
ORDER
The petitioner herein is the first accused in a case pending before the learned XVIII Metropolitan Magistrate, Saidapet in C.C. No.2165 of 2015. The case is pending for eight years, the petitioner is in USA carrying on his https://www.mhc.tn.gov.in/judis Page No.1/4 Crl.O.P.No.21789 of 2023 avocation. Accused Nos.3 to 11 had approached the Hon'ble Supreme Court and obtained stay of further proceedings in the quash petition.
2. The petitioner has approached this Court to quash the case against him and obtained an order dispensing his personal appearance, it is now reported that the said quash petition is dismissed. Meanwhile, the passport of the petitioner is to be expired on 29.11.2023, therefore, he has approached the trial Court for issuance of NOC to renew the passport, the same was dismissed by the trial Court stating reasons and the said order has now been challenged before this Court.
3. On reading the impugned order, this Court finds no legal infirmity and factual infirmity. This case having been drags for more than 8 years, this Court earlier permitted the renewal of the passport which is thought fit. Henceforth, renewal of passport need not be granted unless the petitioner appears before the Court and cooperate with the trial.
4. Learned counsel for the petitioner submitted that in view of the stay granted by the Hon'ble Supreme Court in a connected quash petition field by the other accused, it is not possible for the near future, to proceed with the trial and the petitioner who is presently employed in United States of America is ready to appear before the trial Court as and when required. https://www.mhc.tn.gov.in/judis Page No.2/4 Crl.O.P.No.21789 of 2023
5. This Court is of the view that the petitioner shall come down to India and appear before the learned Magistrate and give an undertaking in writing that he will appear before the Court on hearings whenever his physical presence is required. If such undertaking is given, the learned XVIII Metropolitan Magistrate, Saidapet shall issue NOC for renewal of passport for a period of one year. So that, the presence of the accused can be ensured, even if he fails to respond to the summons for appearance. The learned XVIII Metropolitan Magistrate, Saidapet shall dispose of his Application for renewal of passport on the same day of his appearance and filing of undertaking affidavit.
6. With this observations, this Criminal Original Petition is disposed of.
23.11.2023
Internet : Yes/No
Index : Yes/No
rkp
Note: Issue order copy today (23.11.2023) To
1.The XVIII Metropolitan Magistrate, Saidapet.
2. The Inspector of Police, W-23 All Women Police Station, Royapettah, Chennai.
3.The Public Prosecutor, Madras High Court, Madras.
https://www.mhc.tn.gov.in/judis Page No.3/4 Crl.O.P.No.21789 of 2023 Dr.G.JAYACHANDRAN, J.
rkp Crl.O.P.No.21789 of 2023 23.11.2023 https://www.mhc.tn.gov.in/judis Page No.4/4