TMI Blog2004 (8) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... court and also for permission to go abroad to various countries as mentioned in the prayer clause. 2. Case FIR No. 21 dated 1.2.2003 stands registered at Police Station Civil Lines, Sonepat for the offences under Sections 406, 419 and 420 Indian Penal Code against Arun Kapur. Besides, case FIR No. 22 dated 1.2.2003 stands registered at Police Station Civil Lines Sonepat under Sections 406, 419, 420, 467, 468 and 471 Indian Penal Code against both Arun Kapur and Akshay Kapur. It is, therefore, that aforesaid two separate criminal miscellaneous petitions have been filed for the release of passports to enable the petitioners to go abroad. 3. The case set up by the petitioners is that they have been falsely implicated in the respective ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the petition is not maintainable and is liable to be dismissed. It is stated that the matter regarding release of passport has been adjudicated by the trial Court as well as by the Sessions Judge, Sonepat in revision. It is submitted that there is apprehension that the petitioners will absent themselves in case the passports are released. Besides, disposal of the criminal case pending against them would be delayed for a long period. It is also stated that any other Director or Manager of the company or other suitable executive of the company can be sent to foreign countries in connection with the business and no irreparable loss or injury is going to be caused to the petitioner company in case, the petitioners themselves do not go ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n response, Shri Sudhir Nehra, Assistant Advocate General, learned counsel for the State has contended that the petitioners are not entitled to be granted permission to go abroad and in case if they go abroad they are likely to abscond. In any case, it is contended that the proceedings of the case would be delayed. Therefore, it would be more appropriate that the petitioners may seek directions for expeditious disposal of the case. 8. I have given my thoughtful consideration to the respective contentions of the learned counsel for the parties. 9. It is not in dispute that the petitioners are having business commitments to fulfil and they have to go abroad for business dealings. It is also not in dispute that the petitioners do go abro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounded his passport to prevent him from going abroad, held that it was competent to review the order under Section 482 Criminal Procedure Code and order released of the passport. Accordingly, the accused therein was permitted to go abroad and then return within four months subject to his furnishing security in the sum of ₹ 25 lacs. 12. The Hon'ble Karnataka High Court in Brijesh Singh v. State of Karnataka, 2002(2) RCR(Crl.) 330 (Karnataka) held that passport is the property of the person and permitted the delivery of custody of passport on furnishing security to the tune of ₹ 2 lacs. Besides, the order of Magistrate relating to delivery of custody of passport of the accused, it was held, is neither interlocutory order si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td. and others, 2001(4) RCR(Crl.) 137 (SC): AIR 2001 Supreme Court 3625 has held that it is within the powers of a Magistrate and in his judicial discretion to dispense with the personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if the Magistrate finds that insistence on his personal presence would itself inflict enormous sufferings or tribulations to him, and the comparative advantage would be less. Such discretion need be exercised only in rare instances where due to the far distance at which the accused resides or carries on business or on account of any physical or other good reasons the Magistrate feels that dispensing with the personal attendance of the accused would o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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