Madras High Court
J.P.Sunil vs The Counsel General Of India on 11 April, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:11.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD) No.6241 of 2022
and
Crl.M.P(MD) No.4314 of 2022
J.P.Sunil
S/o.Jegannathan
Operations Manager
Gargash Enterprises
Owned by Almotasaliha
P.O.Box o.1418, Dubai
United Arab Emirates through
His General Power of Attorney
Sri.P.Jaganathan ...Petitioner
Vs.
1.The Counsel General of India,
The Counsulate General of India,
Dubai,
United Arab Emirates.
2. The Passport Officer,
Passport Office,
Bharathi Ula Veethi,
Race Course Road,
Madurai-625002.
3. The State rep. by
The Inspector of Police,
All Women Police Station,
KanyaKumari,
Kanyakumari District.
(Crime No.2/2010) ...Respondents
https://www.mhc.tn.gov.in/judis
2
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to
call for the records of the Order in Crl.MP.No.865/2021 in CC No.407/2018 on
the file of the learned Judicial Magistrate,Additional Mahila (Magisterial Level)
at Nagercoil dated 04/02/2022 and set aside the same.
For Petitioner : Mr.V.Kathirvelu, Senior Counsel
for Mr.S.Seenivasan
For Respondents : Mrs.L.Victoria Gowri
No.1 and 2 Assistant Solicitor General
No.3 : Mr.B.Thanga Aravindh
Government Advocate(Criminal Side)
ORDER
This petition has been filed seeking direction to call for the records of
the order in Crl.MP.No.865/2021 in CC No.407/2018 on the file of the Learned
Judicial Magistrate,Additional Mahila (Magisterial Level) at Nagercoil dated
04/02/2022 and set aside the same.
2. The petitioner is the power of attorney holder representing the
petitioner by the power of attorney dated 02.12.2020. The petitioner is the
accused in CC No.407 of 2018 on the file of the learned Judicial Magistrate,
Additional Mahila Court(Magisterial Level) at Nagercoil having been taken
cognizance for the offence under Sections 498(A),406 of IPC and Section 4
and 6 of Dowry Prohibition Act. The petitioner is holder of Indian Passport
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bearing No.Z2145137 and it was due for expiry on 06.02.2021 and it is
required for the petitioner to work in United Arab Emirates and to get Visa
which is due for expiry on 19.05.2022. It has to be extended and to travel to
India to attend the trial and to give evidence. Application form for the renewal
of passport contain a clause in respect of disclosing the fact, that is, “Have
you ever been charged with criminal proceeding (or) any arrest,
warrant/summon pending before a court of India. Due to the pendency of
the proceedings, the Counsulate General of India require that the passport
holder to prove the citizenship of the country passport is the essentail
document to prove citizenship and to live and work in abroad for earning of
his livelihood. Therefore the petitioner required to produce the No Objection
Certificate from a Court of India for renewal of his passport. Therefore the
petitioner approached the Court below for a direction to issue a certificate of
order to renew the passport. However the Court below directed the Embassy
to issue Emergency one way passport to the petitioner to travel back to
India and to attend the hearing and the passport authorities are directed to
renew the passport of the petitioner for a period of six months from the date
of renewal.
3. Heard the learned counsel appearing on either sides.
https://www.mhc.tn.gov.in/judis
4. On a perusal of the record revealed that the petitioner is a
Mechanical Engineer working as Operation Manager in a fuel supply company
in United Arab Emirates. In this regard, the learned counsel for the petitioner
relied on the judgment of this Court in 2017 MHC 4733 in the case of
N.Chandrababu .vs. The Sub Inspector of Police, Palakarai Police
Station, Trichy and Others and this Court has held that permission should
be granted to the petitioner to go abroad. Further permitted the petitioner to
depart from India and fix the date for returning to India. Further the passport
authorities are directed to exempt the petitioner from the operation of the
provisions of clause(f) of sub section (2) of the section 6 of the passport Act.
Further directed the petitioner to give an undertaking as contemplated by
clause(d) of the Notification dated 25.08.1993.
5. In view the above, this Court directs the first and second respondent
to issue Emergency passport to travel to India and to attend the Court
proceedings for a period of three years and the passport authorities are
directed to renew the passport of the petitioner bearing No. Z2145137 for a
period of three years from the date of renewal of passport. The petitioner
shall give an undertaking as contemplated under Sub Clause(d) of the
Notification dated 25.08.1993 in GSR 570( E)Notification of the Ministry of
External Affairs.
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6. The Criminal Original petition stands disposed of accordingly.
Consequently connected miscellaneous petition is also closed.
11.04.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
aav
To
1.The Counsel General of India,
The Counsulate General of India,
Dubai,
United Arab Emirates.
2. The Passport Officer,
Passport Office, Bharathi Ula Veethi,
Race Course Road,
Madurai-625002.
3. The Inspector of Police,
All Women Police Station,
KanyaKumari,
Kanyakumari District.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court.
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN.J.,
aav
Crl.O.P.(MD) No.6241 of 2022
and
Crl.M.P(MD) No.4314 of 2022
11.04.2022
https://www.mhc.tn.gov.in/judis
