Madras High Court
V.Sathiamoorthy vs The Inspector Of Police on 1 October, 2021
Crl.O.P.No.13333 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.13333 of 2021
V.Sathiamoorthy. ... Petitioner
Versus
The Inspector of Police,
W23 All Women Police Station
Royapettah,
Chennai
Cr. No.1 of 2014 ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for the records in Crl MP No.5346 of
2021 dated 21.06.2021 on the file of the Learned XVIII Metropolitan
Magistrate, Saidapet and set aside the same, thereby permitting for
renewal of the passport of the petitioner bearing No. J4490193 pending
with the Trichy Regional Passport authority in reference No.
TR1073174460320 and further to permit the petitioner to travel to US for
his employment purpose.
For Petitioner : Mr.R.Ganesh Kumar.
For Respondents : Mr.A.Damodharan,
Addl. Public Prosecutor.
Page No.1 of 10
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Crl.O.P.No.13333 of 2021
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 of 2015, is facing
trial for the offences under Sections 498 and 406 IPC r/w 4 of Dowry
Prohibition Act. The contention of the petitioner is that the petitioner
had filed a Crl.M.P.No.5346 of 2021 before the XVIII Metropolitan
Magistrate Court, Saidapet seeking permission to travel abroad for the
purpose of renewing his passport and the Trial Court, by an order dated
21.06.2021, dismissed the same. Against which, the present petition has
been filed.
3. The learned counsel for the petitioner would submit that the
petitioner is a citizen of India and a permanent Resident of USA. He is
holding a Green Card in USA and he is living in Washington DC and
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Crl.O.P.No.13333 of 2021
working at Neustar, Washington DC as Manager. The petitioner has
filed a divorce petition before the Loudoun Conty Circuit Court, Virginia,
USA in the year 2013, in which, the defacto comlainant failed to
participate and thereafter, exparte divorce was granted in favour of the
petitioner. The petitioner has also filed a divorce petition before the Sub-
court, Thanjavur on the ground of cruelty. The petitioner's ex-wife,
Mahalakshmi as counter blast had filed a petition under Section 9 of the
Hindu Marriages Act for restitution of Conjugal Rights in HMOP
No.3845 of 2013 before the Family Court, Chennai. Later, the divorce
petition filed by the petitioner before the Subordinate Court, Thanjavur,
had been transferred to Family Court, Chennai and renumbered as HMOP
No.2190 of 2014. The petitioner's wife had also filed M.C.No.507 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.
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Crl.O.P.No.13333 of 2021
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., i.e., from 01.09.2014 to 16.11.2014,
18.05.2015 to 31.05.2015, 11.10.2015 to 18.10.2015, 24.07.2016 to
03.08.2016, 14.01.2017 to 12.02.2017, 18.11.1027 to 03.12.2017,
07.04.2018 to 22.04.2018, 29.10.2018 to 26.11.2018, 27.10.2019 to
18.11.2019 and 15.12.2019 to 28.12.2019 and lastly, he has come down
to India, in the month of October 2020, to visit his parents and to attend
some family functions. Thereafter, he was staying for some time and
later for the purpose of renewing his Passport bearing No.J4490193,
which was to expire by June 2021, he had applied for the renewal with
the Trichy Regional Passport Office on 23.12.2020 vide reference
No.TR1073174460320 and vide communication dated 18.01.2021, they
directed the petitioner to get permission from the Court for travelling
abroad. Thereafter, the petitioner had filed a petition in WP No. (MD)
No.4070 of 2021 and the same was dismissed on 18.03.2021 with a
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Crl.O.P.No.13333 of 2021
direction to the petitioner to approach the Criminal Court or Appellate
Court, wherever, Criminal cases are pending, and seek appropriate
direction for renewal of his passport. As per the direction, the petitioner
had filed a petition before the XVIII Metropolitan Magistrate, Saidapet in
Crl.M..No.5346 of 2021 and the same was dismissed on 21.06.2021.
Hence, the petitioner is before this Court with the petition.
4. The learned counsel for the petitioner further submitted that
some of the accused in this case had filed discharge petition, which came
to be dismissed 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 &
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Crl.O.P.No.13333 of 2021
Consulates notice, it is mentioned as follows :-
"If you plan on remaining outside the United
States for longer than one year, you must apply for
a re-entry permit(Form 1-131) with the
U.S.Citizenship and Immigration Services.
Extensions of LPR Status may not be obtained
from outside the United States."
Thus, the petitioner, being a LPR, if he seeks extension of LPR status, it
has to be done only in United State and not outside, for which, the
petitioner has to necessarily travel. He further submitted that if an LPR
planning to travel outside of the United States for one year or more, it is
important that he has to apply for a reentry permit before he depart
United States. If he stay outside United States for one year or more and
did not apply for a reentry permit before he leave, he may be considered
to have abandoned his permanent resident status. If this happens, he may
be referred to appear before an immigration judge to decide whether or
not he has abandoned his status. Hence, for renewal of his LPR status,
he is necessarily to travel to United States, for which, he has to apply for
his renewal of passport and has to travel to United States. Otherwise,
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Crl.O.P.No.13333 of 2021
great prejudice would cause and irreparable loss would be created,
which cannot be rectified easily and his status cannot be restored back.
5. The learned Additional Public Prosecutor submitted that in this
case, the petitioner, who is A1, along with 10 other accused are facing
trial for the offences under Sections 406, 498(A) IPC, r/w 4 of Dowry
Prohibition Act in C.C.No.2165 of 2015. The case is of the year 2015
and for the past 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.
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Crl.O.P.No.13333 of 2021
6. At this stage, the learned counsel for the petitioner, submitted
that no such delay would be caused at the instance of the petitioner and
he is ready to file an affidavit before the trial Court informing that he
would never be the reason or the cause, for any delay. If the presence of
the petitioner is required by the trial Court, he would appear and submit
to the trial Court orders. Whenever his presence is absolutely necessary,
he shall appear. On the other dates, his counsel would continue with the
proceedings and will not seek any adjournments or defer the cross
examination for the reason that instruction is to be received from the
petitioner and the presence of the petitioner is required. He further
submitted that return of passport is only for the purpose of renewal and
he will be back to India after completing his work and the formalities
there. Since his root is in India and his parents and family are in India,
he has to necessarily come back.
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Crl.O.P.No.13333 of 2021
7. In view of the same, 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.
8. With the above directions, this Criminal Original Petition is
disposed of.
01.10.2021
Index: Yes/No
mrp
Note : Issue order copy on 08.10.2021
To
The Inspector of Police,
W23 All Women Police Station
Royapettah,
Chennai
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.13333 of 2021
M.NIRMAL KUMAR, J.
mrp
CRL.O.P.No.13333 of 2021
01.10.2021
https://www.mhc.tn.gov.in/judis/
