BALLAV KR @ SRIBALLAV KAR Vs. GOVT OF INDIA

JUDGEMENT

(1.) In this application under section 482 of Cr.P.C., the petitioner Ballav Kar @ Sriballav Kar has challenged the impugned order dated 20.12.2018 of the learned J.M.F.C., Jagatsinghpur in G.R. Case No.320 of 2004 in rejecting the petition filed by the petitioner for issuance of no objection certificate in order to obtain the passport in his favour to go abroad i.e. Geneva. While rejecting the petition, the Court has observed that this is a year old case of 2004 and six witnesses out of fifteen charge sheeted witnesses have already been examined and if the petition is allowed, the petitioner may abscond to foreign land or he may not be available in person or his presence may not be procured promptly during vital stages of the criminal proceedings such as accused statement and pronouncement of judgment. It is further mentioned that the particular time limit during which the petitioner would visit Geneva, the purpose and urgency of visit to the foreign land, the exact place of stay, the name of the course of study and the duration of study that the petitioner's son is pursuing at Geneva have not been furnished. The said case arises out of Paradeep P.S. Case No.163 of 2004.

(2.) Learned counsel for the petitioner submitted that the case was instituted in the year 2004 and the petitioner is facing trial for commission of offences under sections 419, 420, 468, 471, 109 read with section 34 of the Indian Penal Code. The allegation against the petitioner and other co-accused persons is that they committed fraud and cheating of compensation of whopping money to the tune of Rs.6,57,040.00 disbursed by the Government in land acquisition case. It is contended that there is inordinate delay in disposal of the trial of the case and as reflected in the order dated 20.12.2018, only six witnesses have been examined out of fifteen charge sheeted witnesses till the impugned order was passed and thereafter, the case has suffered number of adjournments but no further witness has been examined. He has filed the certified copy of the up-to-date order sheet which is taken on record. Relying on the decision of this Court in the case of Arjuna Charan Das Vrs.- State of Orissa, 2017 2 OrissaLR 13, it is contended that the impugned order should be set aside and necessary permission and no objection certificate is to be granted to the petitioner so that it can be produced before the passport authorities.

(3.) Learned counsel for the petitioner further contended that in view of the provisions under section 6(2)(f) of the Passports Act, 1967, the passport authority shall refuse to issue passport, inter alia, if any proceeding in respect of an offence alleged to have been committed by the applicant is pending before the criminal Court in India. The Passport Application Form which was issued by the Government of India, Ministry of External Affairs as per form No. EA (P)-13 indicates in Column No.8 that the applicant has to indicate if he was ever charged with criminal proceedings or any arrest warrant/summon is pending before a Court in India and if the answer is 'yes', then the applicant will fill in Column No.7.1 of the Supplementary Form which indicates that if there are any criminal proceedings/warrant pending against the applicant then written permission from the Court is to be attached to depart from India.