Madras High CourtCRL OP/31947/2019disposed of

R.Natrajan v. State Represented By

2020-01-07Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.31947 of 2019 Dr.R.Natarajan ... Petitioner Vs.

State represented by, The Inspector of Police, CBI, ACB, Chennai.

(RC/48/A 2009) ... Respondent PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure seeking to call for the records in Crl.M.P.No.7562 of 2019 in C.C.No.17 of 2012 and set aside the order dated 13.09.2019 on the file of the learned XIII Additional Judge for CBI Cases, Chennai.

For Petitioner : Mr.E.Raj Thilak For Respondent : Mr.K.Srinivasan Special Public Prosecutor for CBI Cases

O R D E R

This Criminal Original Petition has been filed seeking to call for the records in Crl.M.P.No.7562 of 2019 in C.C.No.17 of 2012 and set aside the order dated 13.09.2019 on the file of the learned XIII Additional Judge for CBI Cases, Chennai.

2. The case of the petitioner is that the petitioner is the 6th accused in the above said criminal case. The petitioner had filed a petition before the learned XIII Additional Judge for CBI cases seeking permission to approach the Passport Office for renewal of his passport bearing No.Z2021073 issued at Bangalore which will expire on 20.01.2020. The said petition was allowed on 13.09.2019 and the petitioner had filed an application before the Passport Authority for renewal of his passport. The trial court while allowing the said petition had not specified any period upto which the Passport has to be renewed. However, the Passport Authority had renewed the Passport for a period of one year i.e., till 13.10.2020. Against which the present petition has been filed.

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3. Mr.E.Raj Thilak, learned counsel appearing for the petitioner would submit that since the Passport of the petitioner will expire on 20.01.2020, he had filed a petition seeking permission to renew his Passport and the trial court had granted permission to renew the Passport. However, the Passport Authority had renewed his Passport only for a period of one year i.e., till 13.10.2020, hence, he seeks to allow this petition and set aside the order made in Crl.M.P.No.7562 of 2019 in C.C.No.17 of 2012 dated 13.09.2019.

4. The learned Special Public Prosecutor for CBI Cases would submit that without specifying the period, permission has been sought for to renew the Passport. Accordingly, the Passport was renewed for a period of one year, hence, the petitioner can file petition for renewal of the Passport before the trial court before the expiry of the Passport.

5. In view of the above, liberty is granted to the petitioner to file appropriate petition for renewing the Passport before the trial court before the expiry of his Passport.

6. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar dsa To 1.The XIII Additional Judge for CBI Cases, Chennai.

2.The Inspector of Police, CBI, ACB, Chennai.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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