Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (11) TMI 690

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... is required. The petitioner is directed to file an undertaking affidavit to that effect before the Court below. This Court directs the Regional Passport Office, Trichy to renew the passport bearing No.J4490193 and also to permit the petitioner to undertake his travel to USA - Petition disposed off. - CRL.O.P. NO. 13333 OF 2021 - - - Dated:- 1-10-2021 - THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR For the Petitioner : Mr.R.Ganesh Kumar. For the Respondent : Mr.A.Damodharan, Addl. Public Prosecutor. ORDER This Criminal Original Petition has been filed to set-aside the order passed by the XVIII Metropolitan Magistrate, Saidapet in Crl.M.P.No.5346 of 2021 dated 21.06.2021. 2. The petitioner, who is A1 in C.C.No.2165 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 7 of 2013 before the Family Court, Chennai, seeking maintenance. This being the case, a criminal complaint in Crime No.1 of 2014 for the offences under Sections 406, 498A IPC, came to be registered on 09.01.2014. Later, on conclusion of investigation, charge sheet has been filed in this case, which is pending in C.C.No.2165 of 2015. In that case, along with the petitioner, his parents and 10 of his relatives are arrayed as accused. Thereafter, a look out circular had also been issued against the petitioner. Not knowing the same, the petitioner had landed in the year 2014. Thereafter, he was detained and after showing the order of this court, he was let out. Thereafter, the petitioner has been travelling on various dates from India to USA .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... by the lower court and against which a revision petition in Crl.R.C.No.1342 of 2018 has been filed before this Court and this Court, by order dated 27.03.2019 dismissed the said revision. Thereafter, they had approached the Hon'ble Apex Court in SLP.Cr.No.2973 of 2020. The Hon'ble Apex Court, by an order dated 10.07.2020 had issued notice and further stayed the impugned judgment. In view of the same, no trial is proceeding as of now. He further submitted that as per the U.S law, a Lawful Permanent Resident (LPR) to have maintain their status, for which, they have to follow certain guidelines. In the U.S Embassy Consulates notice, it is mentioned as follows :- If you plan on remaining outside the United States for longer tha .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t 6 years, the case is pending without trial since one or other accused are filing one petition or other and successfully staling the trial. Some of the accused have filed a discharge petition, which came to be dismissed, against which, they had filed a Revision Petition and this court had also dismissed the same. Aggrieved over the same. they filed a petition before the Apex Court, in which, the Apex Court ordered notice and also granted Stay. The apprehension of the prosecution is that if the petitioner is permitted to travel to United States, he will never return back and it would further add to the delay of the trial in the C.C.No.2165 of 2015. 6. At this stage, the learned counsel for the petitioner, submitted that no such delay wou .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates