ALOK KUMAR Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure seeking permission to the petitioner to go to England and for release of his passport.

(2.) FIR No. 426/2007 under Section 354/ 506 of IPC was registered against the petitioner at I.G.I. Airport, on the complaint of the prosecutrix. On filing of charge-sheet, a petition under Section 482 of Cr.P.C., being C.M. No. 299/2009, was filed by the petitioner and the proceedings before the Trial Court were stayed by this court vide order dated February 03, 2009. FIR No. 63/2008, under Section 376/420 of IPC was got registered by the prosecutrix at Police Station Connaught Place on the allegation that the petitioner had physical relations with her by misrepresenting that he was a bachelor and would marry her. Later, when she came to know that the petitioner was already married, he told her that his previous marriage lasted only for two months and a divorce case was pending. However, instead of marrying her, the petitioner married another women on 25.11.2007.

(3.) The petitioner was admitted to regular bail in the case registered vide FIR No. 63/2008 of P.S. Connaught Place, vide order of the learned Addl. Sessions Judge dated 8.6.09 and one of the conditions for grant of bail was that before leaving India, he would seek permission of the court. The passport of the petitioner was also seized by the Investigating Officer. The petitioner filed an application before the learned Additional Sessions Judge, seeking release of passport and permission to go abroad, on the ground that he was a Solicitor in London and having been held up in India on account of the cases registered against him, he could not get his Solicitor's Registration renewed. For the purpose of renewal of registration, he was required to complete 15 hours of Continuous Professional Development (CPD) course and was required to be in London to complete that course and other formalities. He also expressed desire to meet his son who is studying in England. The application having been rejected vide order dated 6.8.2009, the petitioner has come to this Court by way of this petition under Section 482 of the Code of Criminal Procedure.