Delhi High Court - Orders
Janardhan A Vittal vs State on 18 June, 2020
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 250/2020
JANARDHAN A VITTAL ..... Petitioner
Through Mr. K. Lenin Vinober, Adv.
versus
STATE ..... Respondent
Through Mr.Avi Singh, ASC with Mr. Ashok
Kumar Garg, APP for State.
Mr. Mirtunjay Kumar, Adv. for
victim with victim in person.
SI Mamta Chauhan
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
ORDER
% 18.06.2020
1. The hearing has been conducted through video conferencing.
2. Vide order dated 16.06.2020, this Court passed order as under:
"Vide the present petition, the petitioner seeks direction thereby to set aside the impugned order dated 03.06.2020 passed by learned ASJ, Shahdara District, Karkardooma Court.
Petitioner is a German citizen of Indian origin against whom the case FIR No. 338/2019 u/s 365/376 of IPC and section 10 of POCSO Act has been filed. After investigation chargesheet has been submitted before the Court and petitioner has been summoned to furnish documents on 03.07.2020.
The present petition has been filed on the ground that petitioner's wife is also Indian Origin of German citizen and their major children are citizens of Germany. All of CRL.REV.P. 250/2020 Page of 1 of 6 the them are ordinarily residing in Germany. Due to Covid-19, the family wanted his presence over there, further, he require to be there to raise employment dispute with his employer before the labour Court, moreover, his presence is required before labour officer to claim his entitlements for continuous social security employment benefits such as health insurance, allowances during unemployed period, etc. under various provisions of labour laws of Germany. Further, the Consulate/Embassy of Germany at Delhi in coordination with the Ministry of External Ministry has arranged flights from Bangalore/Delhi/Mumbai to Germany via Paris and Amsterdam on various days, the last flight from Delhi is on 19.06.2020.
For the relief sought in the present petition, the petitioner filed Crl. Misc. application to release passport and permission to travel to his native place, Germany before the court of learned ASJ (POCSO), Shahdara District, Delhi on 12.03.2020. However, due to unavailability of Presiding Officer on the listed date, the mater was adjourned to 19.03.2020. Meanwhile, on 16.03.2020, IO has filed charge sheet and the matter now is listed for appearance on 03.07.2020.
Learned counsel for petitioner submits that on 19.03.2020, the application was taken up, due to objection raised by Public Prosecutor about lockdown guidelines, the matter was adjourned to 04.04.2020. Due to continuous lockdown again en bloc adjourned to the month of May, then 24th June and is finally listed for hearing beyond July, 2020.
It is further submitted that parents' house of the petitioner is in Bangalore city, however, before his arrest he was gainfully employed in Germany, until October, 2019. Petitioner worked with Wipro as Utility Manager, on the request of de facto complainant, he helped the alleged victim to get internship where she was subjected CRL.REV.P. 250/2020 Page of 2 of 6 to sexual abuse by her colleagues in the first week of June, 2019. Petitioner helped her to initiate criminal proceedings against those accused persons and enquiry is pending. Thereafter, de facto complainant (father of the prosecutrix) blamed petitioner for all the mis-happenings as well as drug addition of his daughter and threatened him with dare consequences, if petitioner comes to India. The alleged victim was forced to leave Germany against her will and her parents locked her up at their home in Delhi, India. In November, 2019, due to better offer petitioner joined Proxiad company as Country Head, Germany when the alleged victim contacted him through father's phone and sought his help to make her join police investigation in Germany and take up employment over there. Out of courtesy and humanitarian need petitioner extended his helping hand when he had come to visit his parents in the month of December, 2019.
By considering the facts and circumstances and the case of the prosecution, this Court vide order dated 05.02.2020 passed detailed order whereby granted bail to the petitioner, however, with the condition that he shall not leave country without the permission of the Trial Court.
On the prayer sought before this Court, petitioner moved the application before the Trial Court, however, the same has been dismissed vide order dated 03.06.2020 by learned Additional Sessions Judge.
Vide letter dated 20.05.2020 Mr. Martin Rohlmann, Vice Consul-Legal and Consular Section, Embassy of Germany, Bangaluru has issued letter wherein it has been stated that the Consulate is aware that petitioner has been involved in FIR no. 338/2019 at Jagath Puri, Police Station, New Delhi. Since petitioner has been compelled to remain in India for the last five months which made it very difficult for him to look after his family and take care of his job and livelihood in CRL.REV.P. 250/2020 Page of 3 of 6 Germany. Accordingly, he requested the Court to allow him to return to his permanent residence in Germany for such a period of time which the Court may deem fit. It is further stated that if any summons or notice for his appearance are issued, same would be addressed and conveyed to the German Embassy, New Delhi which will forward it to the competent authorities in Germany in the fastest possible way in order to secure the timely appearance of petitioner for any hearing or meeting determined by the Court.
Counsel for petitioner has drawn this court's attention to the letter dated 15.05.2020 issued by Mr.Dammu Ravi, Additional Secretary, Ministry of External Affairs, New Delhi whereby stated that Embassy of Germany in India has requested for assistance for facilitating movement of their nationals and other nationals from Uttrakhand, Punjab, Rajasthan, Karnataka, New Delhi and Uttar Pradesh for their return journey to their country by special/relief aircraft (KLM airlines) from Indira Gandhi International Airport, Delhi on 17th May and 19th May, 2020. Further requested that movement of the aforesaid vehicle may be facilitated for enabling them to board special/relief aircraft from Indian Gandhi International Airport, Delhi on 17th May and 19th May, 2020. Driver along with the vehicle may be allowed to return to the starting point or place of residence, as the case may be, after dropping them at airport.
In view of above, the petitioner seeks permission to go abroad with conditions as this Court deems fit.
Notice issued.
Learned APP accepts notice on behalf of State and has opposed the present petition by stating that the petitioner is a German citizen, if he is permitted to go to his native place, he will never come to Delhi to join trial pending against him under Section 365/376 IPC and Section 10 of CRL.REV.P. 250/2020 Page of 4 of 6 POCSO Act.
Learned counsel for complainant, though complainant is not a party but he has joined the video conferencing and has strongly opposed the present petition by submitting that petitioner has made wrong statement before this Court about his employment, therefore, he should not be allowed to go abroad. Moreover, wife of the petitioner is competent enough to handle her affairs and the children are major. Presently petitioner is in India whose health and security and basic needs would be taken care by the Indian government through jail, therefore, the present petition deserves to be dismissed.
At this stage, learned counsel for petitioner submits that in order to show his bona fide, petitioner is ready to deposit Rs.20 lacs as security and further the Consular of Germany at Delhi is ready to give undertaking before this Court that in case, petitioner does not return and join the trial then action against the Consular may be taken under the Contempt of Court Act.
Though the letter as discussed above is on record, however, for the satisfaction of this court and to ensure that petitioner would return to India and join the trial, if the Consular of Germany at New Delhi is willing to give undertaking before this Court, he may join the Court through video conferencing on the next date of hearing."
3. Pursuant to the aforesaid order, Consular of Germany at New Delhi has not joined the Court through video conferencing which established the fact that the said consular is not willing to give undertaking before this Court regarding petitioner's return from Germany to India to join the trial.
4. In view of above, if this Court grants permission to the petitioner to go to his native place i.e. Germany, there is a possibility that he will not CRL.REV.P. 250/2020 Page of 5 of 6 come back to India to join the trial and moreover in the present case , charges are yet to be framed. Further, at this moment in time, no assurance have been extended by any competent authority regarding petitioner's presence during trial.
5. Accordingly, the revision petition is dismissed.
6. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through email.
SURESH KUMAR KAIT, J
JUNE 18, 2020/ab
CRL.REV.P. 250/2020 Page of 6 of 6