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2022 (2) TMI 1316 - HC - Indian LawsSeeking permission to travel abroad - Should an accused in a pending criminal case seek permission from the Court concerned for visiting a foreign country in terms of the Notification GSR 570(E) dated 25/8/1993 r/w S. 6(2)(f) of the Passports Act, 1967 even if he holds a valid passport? - HELD THAT:- S. 317(1) of Cr.P.C. empowers the Judge or Magistrate to dispense with the personal attendance of the accused and to proceed with trial in his absence. Ordinarily the court should be generous and liberal under Ss. 205 and 317 of Cr.P.C and grant exemption to the accused from personal appearance unless the presence is imperatively needed or becomes indispensable. The petitioner is employed at Riyadh, Saudi Arabia as a security watchman. He took leave and came to native place on 24/9/2020 only to make appearance in the above case. But due to Covid 1-19 restriction he could not go back. Thereafter he received a notice from his employer to report for duty on or before 13/11/2021. It was at that juncture he moved the application u/s. 317 of Cr.P.C at the Court below. In Annexure A1 affidavit, he has specifically stated that he is the sole bread winner of his family and unless he goes back to Saudi Arabia, he would lose his job. He clearly undertook in the affidavit that he has absolutely no objection in proceeding with the trial in his absence and he has also stated that Adv. Shamsudheen K. will be appearing for him at the Court. He has also undertaken that he will not dispute his identity. In these circumstances, the Court below ought to have allowed his application seeking exemption from personal attendance. This Crl. M.C can be disposed of with a direction to the learned Magistrate to consider Crl. M.P. No. 405/2021 in the absence of the petitioner and to pass orders in accordance with law - Application disposed off.
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