High Court of DelhiW.P.(CRL)/1431/2017

Mr J C Suneja v. State Of NCT Of Delhi & ORS

2017-05-24Hon'Ble Mr. Justice Ashutosh Kumar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1431/2017 MR J C SUNEJA ..... Petitioner Through Mr. Shaunak Kashyap, Adv. with Ms.Sriyanka Gangopadhyay, Adv.

versus STATE OF NCT OF DELHI & ORS ..... Respondents Through Mr. Sanjay Lao, ASC with Mr.

Siddharth Sindhu, Adv. for state.

SI Yogesh Kumar PS Maya Puri.

Mr. Rajesh Gogna, CGSC for R-1 to R-3.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 24.05.2017 The petitioner has prayed for release of his passport by the Delhi Police.

The petitioner was made an accused in a case vide FIR No.894/2015 dated 23.12.2015 (PS Maya Puri) instituted for the offences under sections 420/468/471 of the IPC read with sections 33/38 of the Delhi Excise Act, 2005.

The petitioner was alleged to have tampered with the Bar code stickers on about 7 bottles of liquor.

While the petitioner was allowed provisional bail for two months by the court below, the petitioner was asked to deposit his passport with the investigating officer.

Now, the chargesheet in this case has already been submitted. The petitioner had earlier requested the court below for release of his passport for the purposes of visiting UK for attending the graduation ceremony of his daughter who was to be awarded master's degree. That ceremony is over but the petitioner still wants his passport, so that it could be renewed and used. There is no proceeding pending before the passport authority regarding impounding the passport of the petitioner. Since the chargesheet has already been submitted and there is no requirement of the investigating officer to keep in his possession the passport of the petitioner, the request of the petitioner in this petition is allowed. Mr. Sanjay Lao, learned Additional Standing Counsel submits that along with chargesheet, the passport has been submitted before the Trial Court.

Let the passport be released to the petitioner. For the aforesaid purpose, the petitioner shall approach the Trial Court after making an application in that regard within a period of 15 days from today. On such application and on being satisfied about the identity of the petitioner and by imposing other conditions which it may deem fit in the facts of this case, the Trial Court shall release the passport in favour of the petitioner.

The petition stands disposed of.

Dasti.

ASHUTOSH KUMAR, J MAY 24, 2017/ab