GURPREET SINGH Vs. U T CHANDIGARH

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has been filed with a prayer to quash the orders dated 11.4.2014 (Annexure P6) vide which the application moved by the petitioner for release of his passport has been dismissed and the order dated 4.4.2015 (Annexure P7) vide which the application moved by the petitioner for seeking permission to go abroad has been dismissed.

(2.) LEARNED counsel for the petitioner pleaded that the petitioner is a businessman having deep roots in the society. He is having sufficient properties in India. His family is also residing in India. So, there is no apprehension that he will flee away from the trial. The petitioner is in dire need to visit Germany and England for the business discussions. He contended that the presence of the petitioner before the trial Court is not required as the proceedings have been stayed by the Hon'ble Apex Court vide order dated 5.5.2014. He further contended that the similar concession has already been granted by this Court to co -accused of the petitioner, namely Trivikram Singh Toor and Rajat Kapoor. Learned counsel for the petitioner has further contended that at the time of filing the present petition, the permission to visit abroad was sought in the months of May and June, 2015 and the present petition was filed in the month of April, 2015. But due to paucity of time, it has become difficult for the petitioner to procure visa in the short period. So the permission to visit abroad may be granted from 15.6.2015 to 15.7.2015. Thus, he pleaded that the passport of the petitioner, which is lying in the Court of the Chief Judicial Magistrate, Chandigarh may be ordered to be returned to him and he may be permitted to visit abroad for the aforesaid period.

(3.) MR . J.S.Toor, Additional Public Prosecutor for the U.T. Chandigarh, on the instructions from Sub Inspector Mohinder Singh, Police Station Sector 17, Chandigarh, has submitted that the respondent/U.T. Chandigarh has no objection if the passport of the petitioner is returned to him and he is permitted to visit Germany during the aforesaid period, subject to adequate security.