RAJESH MISHRA Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal revision has been preferred by the applicant under Ss. 397 & 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dtd. 30/5/2023 passed in Criminal Case No.02/2019 by the learned Sessions Judge/Special Judge (Chhattisgarh Nikshepako ke Hito ka Sanrakshan Adhiniyam, 2005) (Annexure A/1), whereby the trial Court has rejected the application filed by the applicant under Sec. 451 of CrPC.

(2.) Brief facts of this case are that the present revisioner is accused in the Criminal Case No.02/2019 which is pending before the learned trial Court and facing trial for the offences under Sec. 420 of I.P.C. and various Ss. of Special Act i.e. Chhattisgarh Nikshepako ke Hito ka Sanrankshan Adhiniyam, 2005. The applicant has enlarged on bail, but his passport bearing No.K 5488506 issued by the Republic of India has been seized by the police. Therefore, the applicant has filed an application under Sec. 451 of Cr.P.C. seeking the interim custody of the passport, but the same has been rejected by the impugned order which is already filed as Annexure A/1. Hence, this revision.

(3.) Learned counsel for the applicant contended that the impugned order is contrary to the facts and law, which is not sustainable in the eyes of law. He further contended that the power and jurisdiction to impound the passport of any individual has to be exercised under the Passport Act, 1967. He specifically referred to sub-sec. (3)(e) of Sec. 10 of the Act which reads as under: