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The complainants on coming to know of the order of the High Court in the month of July, 1970 made an application under section 498 read with section 561-A of the Criminal Procedure Code that the Additional District Magistrate at Varanasi should be directed to seize the passport of the appellant before enlarging him on bail on the ground that there was an apprehension that the appellant would jump his bail. The High Court at Allahabad on 21 August, 1970 passed orders directing the Additional District Magistrate, Varanasi that there would be no harm if the appellant was further ordered to surrender his passport to the Additional District Magistrate (Judicial), Varanasi. The appellant was thereafter released on bail on 21 September, 1970 after furnishing the surety to the tune of Rs. 10,000/- in each case and after surrendering his passport to the Additional District Magistrate (Judicial), Varanasi. The appellant on being released on bail moved an application under section 561-A of the Criminal Procedure Code in the High Court at Allahabad and prayed for three orders. These were : first, that the proceedings based upon first information report lodged by the complainants be quashed; secondly, that the order of the High Court of Allahabad dated 21 August, 1970 directing the appellant to surrender the passport be modified and the appellant's passport be released; and thirdly, that the restrictions imposed by the District Magistrate restricting the appellant not to leave India, be cancelled. The High Court at Allahabad on 23 March, 1971 dismissed the application of the appellant. The present appeals are against that order of the High Court dated 23 March. 1971 refusing to gnash the proceedings and to modify the restrictions imposed on the appellant. Counsel on behalf of the appellant' raised four' contentions. First, that the proceedings should be quashed because there was no certificate by the High Commissioner for India in the United Kingdom under section 188 of the Criminal Procedure Code that the charges against the appellant ought to be enquired into in India. Secondly, there was no sanction of the Director of Foreign Exchange for prosecution. Thirdly, the report under section 169 of the Criminal Procedure Code of the Investigation Officer was not placed. Fourthly, there was no case against the appellant.

The contention of the appellant in the forefront was that the passport of the appellant should be returned so that the appellant could return to England. On behalf of the appellant an affidavit was affirmed by Virendra Kumar Srivastava in the High Court at Allahabad in support of the application for modification of the order for sureties that the appellant was prepared to give an undertaking that he would not leave India before the case was finally decided and lie was further prepared to surrender his passport after release on bail. When the High Court at Allahabad passed an order on 21 July, 1970 reducing the sureties and thereafter on 21 August, 1970 passed an order directing the appellant to surrender his passport and the appellant complied with the orders and was released on bail, the appellant could not again come up under section 561-A of the Criminal Procedure Code before the High Court at Allahabad for modifying and revising the orders passed by the High Court. On behalf of the appellant it was said that sections 496, 497 and 498 of the Criminal Procedure Code in relation to bail did not confer any power on the court when granting bail to restrict the departure of the appellant from India by requiring the appellant to surrender the passport. Sections 496, 497 and 498 of the Criminal Procedure Code are not exhaustive of powers of the court in regard to terms and conditions of bail particularly when 12-L 643 Supp./72 the High Court under section 561-A of the Criminal Procedure Code deals with cases of this type. The apprehension of the appellant jumping bail could not be brushed aside. If the appellant wanted to retain the passport the court might not have granted the appellant any bail. Again, the reduction of the surety was made in order to enable the appellant to be enlarged on bail. The reduction of surety was also on the consideration that the appellant would not leave India. The inherent power of the High Court under section 561-A of the Criminal Procedure Code has been considered by this Court in R. P. Kapur v. The State of Punjab (1) and State of West Bengal v. S. N. Basak. (2) In exercising jurisdiction under section 561-A of the Criminal Procedure Code the High Court can quash proceedings if them is no legal evidence or if there is any impediment to the institution or continuance of proceedings but the High Court does not ordinarily enquire as to whether the evidence is 'reliable or not'. Where again, investigation into the circumstances of an alleged rocognisable offence is carried on under the provisions of the Criminal Procedure Code the High Court does not interfere with such investigation because it would then be impeding investigation and jurisdiction of statutory authorities to exercise power in accordance with the provisions of the Criminal Procedure Code. The High Court was correct in dismissing the applications under section 561-A of the Criminal Procedure Code. The appeals are therefore dismissed.