WAN CHENGHUA Vs. STATE OF UT CHANDIGARH

JUDGEMENT

(1.) The petitioner, a citizen of the People's Republic of China, arraigned as an accused in the FIR captioned above and subsequently released on regular bail, has come before this Court under Sec. 482 CrPC, seeking the quashing of the order dated January 9, 2024, whereby the learned JMIC dismissed his application for the release of his passport.

(2.) The petitioner is allegedly the kingpin of a massive cyber fraud commonly known as the Hugo Loan App fraud. The amount involved in the case totals millions of INR. The petitioner and his accomplices allegedly cheated a large number of people; however, the difficulty lies in the fact that, despite the FIR being filed in 2022 and the petitioner having been released on bail for around two years, the investigation is far from being concluded. Given the large number of victims, it would be a wild guess to estimate the timeframe in which the trial can be concluded.

(3.) The petitioner's grievance is that he has been prevented from returning to his home, the People's Republic of China, due to this case. He was released on bail, and the trial is not commencing. The petitioner further complains that, due to the delayed prosecution, he has been forced to live in an alien country and is being deprived of his fundamental human right to reunite with his family members, friends, and neighbors in China. Therefore, he should be permitted to travel for a limited duration, and for that purpose, his passport should be released to him.