AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
12 paragraphs · 413 wordsDr. Kauser Edappagath, J
Annexure-D order passed by the Judicial First Class Magistrate Court, Kakkanad (for short 'the court below') in Crl.M.P.No.1093 of 2022 in C.C.No.1625 of 2019 is under challenge in this Crl.M.C.
The petitioner is the accused No.1. The offences alleged against him are punishable under Section 153 of IPC, Section 120(O) of KP Act and Sections 67, 67A, 84C of IT Act. The petitioner was granted bail during the crime stage and he is on bail. The petitioner is employed at Saudi Arabia. He filed an application before the court below as Crl.M.P.No.1093 of 2022 for renewing his passport, since the validity of his passport would expire on 26.12.2022. The application has been filed for the reason that he needs a passport with a validity of three years so as to renew his visa. The court below, as per the impugned order, granted permission to renew the passport for a period of one year. According to the petitioner, the passport has to be renewed at least for a period of three years. It is in these circumstances, he has come up before this Court.
The learned counsel for the petitioner submits that the petitioner is now in India.
In these circumstances, I am of the view that this Crl.M.C can be disposed of, granting permission to renew the passport for a period of three years, however, ensuring his presence at the court below as and when required.
Hence, this Crl.M.C is disposed of as follows:
(a) The petitioner shall appear before the court below tomorrow (20.09.2022). The court below shall hear on charge and frame charge against the accused tomorrow itself, if it decides to frame charge.
(b) The petitioner is free to file an application seeking permanent exemption from appearing before the court below.
(c) He shall file an affidavit authorizing his counsel to appear on his behalf at the court below. In the affidavit, the petitioner shall also mention that he shall not dispute his identity during trial. He shall also undertake that he shall appear before the court below as and when required.
(d) The court below is directed to dispose of the said application in accordance with law.
(e) The court below also is free to impose such condition to ensure his presence at the time of trial and also as and when required.
(f) Permission is granted to renew the passport of the petitioner for a period of three years.