SHALINI VASHISTHA Vs. GURSHARAN LAL & ANOTHER

JUDGEMENT

(1.) This petition has been preferred under Section 482 Cr.P.C. seeking quashing of order dated February 21, 2015 (Annexure P-2) passed by learned Sessions Judge, Gurgaon, vide which order dated December 17, 2014 (Annexure P-1) passed by Additional Chief Judicial Magistrate, Gurgaon was set aside and application of respondent No.1 for releasing his passport was allowed, in case FIR No. 72 dated May 18, 2009, under Sections 498-A, 406, 506 IPC, Police Station, Sector 56, Gurgaon.

(2.) Contention of learned counsel for petitioner is that matrimonial dispute arose between petitioner and respondent No.1 which ultimately led to registration of FIR but respondent No.1 did not cooperate with investigation of this case and evaded his arrest, as a result whereof, he was declared proclaimed offender vide order dated July 13, 2010. Ultimately, police succeeded in getting him arrested on May 30, 2014 and another case bearing FIR No.143 dated May 30, 2014 was registered under Section 174-A IPC at Police Station, Sector 56, Gurgaon.

(3.) It has further been contended by learned counsel for petitioner that respondent No. 1 moved an application seeking return of his original passport which was taken into possession during the course of investigation but considering facts and circumstances of case including the fact that earlier he was declared proclaimed offender, learned Additional Chief Judicial Magistrate dismissed the application, but in criminal revision against said order, preferred by respondent No.1, release of original passport in his favour was ordered. Order passed by learned Sessions Judge suffers from material infirmities and illegalities. Learned Sessions Judge failed to appreciate the fact that petitioner did not cooperate with investigation, remained absconded and was ultimately declared proclaimed offender. Even, there is every likelihood of his fleeing away from justice after obtaining passport. So, impugned order deserves to be set aside.