ANSHUMAN BAJAJ Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Anshuman Bajaj-petitioner has filed this petition under Section 482 Cr.P.C. for quashing the order dated 18.4.2012 (Annexure- P.8) passed by learned Additional Chief Judicial Magistrate, Faridabad, whereby the application dated 14.2.2012 (Annexure-P.7) has been dismissed and further to allow the application in toto and direction be issued to respondent-State to release the passport with a further prayer to grant no objection of the renewal of the passport.

(2.) The main case of the petitioner is that Anchal Bajaj wife of the petitioner (respondent No.2) is the complainant in FIR No.752 dated 22.11.2008 registered under Sections 406, 498-A and 506 IPC at Police Station Central Faridabad. The petitioner is a well qualified Software Engineer and had been working out of Faridabad since 2002 and in the foreign countries even before his marriage. The petitioner was working in the foreign countries i.e. Sinagapore and United States of America but due to the matrimonial cases filed by the complainant-respondent No.2, the petitioner had to quit his job and he returned back to India on 28.9.2009 and is employed in M/s Hexasware Technologies at Mumbai. It is also the case of the petitioner that he has been falsely implicated in this case. It is stated that the petitioner has been working in foreign country since 2006 and at the time of registration of the FIR he was not residing in India. It is also the case of the petitioner that on reaching India, he applied for anticipatory bail, which was allowed by the Court vide order dated 15.2.2011. It is also stated that the employer of the petitioner asked to all the employees to furnish the detail of passport, so that the employes could be assigned duties for collaboration with other companies. Vide order dated 18.4.2012, the learned ACJM dismissed the application filed by the petitioner.

(3.) In the reply filed by respondents No.1 and 2, the averments as stated in the petition have been denied. It is also stated that the petitioner has absconded leaving his newly wedded wife within six months without disclosing his whereabouts. Several efforts were made and the petitioner was forced to come to India from abroad and thereafter he was formally arrested on 8.3.2011. It is stated that if the passport of the petitioner is ordered to be handed over to him, the petitioner would leave the country and may avoid the trial. The case is pending in the Court of Shri Mahavir Singh, ACJM, Faridabad and fixed on 13.10.2012 for consideration of charge. Similar is the reply filed by respondent No.2.