Madras High Court
Samuel George vs The Inspector Of Police on 6 June, 2023
Crl.R.C.(MD) No.510 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.510 of 2023
Samuel George ... Petitioner/Petitioner
Vs.
The Inspector of Police,
Marthandam Police Station,
Kanyakumari District. ... Respondent/Respondent
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of
Criminal Procedure Code, to call for the records and set aside the judgment dated
20.04.2023 passed in Crl.M.P.No.3318 of 2023 in S.T.C.No.1575 of 2022 on the
file of the Judicial Magistrate No.I, Kuzhithurai.
For Petitioner : Mr.G.Prabhu Rajadurai
For Respondent : Mr.R.Sivakumar
Government Advocate (Crl. side).
1/5
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Crl.R.C.(MD) No.510 of 2023
ORDER
This Criminal Revision Petition is directed against the order passed in
Crl.M.P.No.3318 of 2023 in S.T.C.No.1575 of 2022, dated 20.04.2023,
dismissing the petition filed under Section 451 Cr.P.C.
2. The petitioner / sole accused is facing the case in S.T.C.No.1575 of 2022
for the offences under Sections 294(b) and 352 I.P.C., on the file of the Judicial
Magistrate Court No.I, Kuzhithurai. Pending the above case, the petitioner has
filed an application under Section 451 Cr.P.C., seeking orders for return of his
passport. The respondent has filed a counter statement stating that they have not
seized the passport and that they have not produced the same before the
concerned Court.
3. The learned Judicial Magistrate, after enquiry, has passed the impugned
order dismissing the petition, by observing that the passport in dispute was
neither seized by the police nor produced before the concerned Court and even
according to the petitioner, the same was handed over to the Regional Passport
Office.
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Crl.R.C.(MD) No.510 of 2023
4. The learned Counsel for the petitioner has relied on the Notification
issued by the Ministry of External Affairs, dated 25.08.1993, wherein the Central
Government exempts the citizens of India against whom proceedings in respect of
an offence alleged to have been committed by them are pending before a criminal
court in India and who produce orders from the court concerned permitting them
to depart from India, from the operation of the provisions of Clause (f) of sub-
section (2) of Section 6 of the Passports Act. He would submit that in pursuance
of the said notification, the concerned Court may be directed to give permission
for the petitioner to get the passport.
5. Admittedly, the petitioner has sought for the return of passport from the
custody of the concerned Court. Since the respondent has not seized the passport
from the petitioner and the same was not produced before the concerned Court,
the impugned order of the learned Judicial Magistrate in dismissing the petition
cannot be found fault with. Hence, this Court concludes that the Criminal
Revision Case is devoid of merits and the same is liable to be dismissed.
Accordingly, the Criminal Revision Case is dismissed. However, the petitioner is
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Crl.R.C.(MD) No.510 of 2023
at liberty to file an application seeking permission from the concerned Court, if he
is so advised.
06.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
SSL
To
1. The Judicial Magistrate No.I, Kuzhithurai.
2. The Inspector of Police,
Marthandam Police Station,
Kanyakumari District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD) No.510 of 2023
K.MURALI SHANKAR, J.
SSL
Crl.R.C.(MD)No.510 of 2023
06.06.2023
https://www.mhc.tn.gov.in/judis
