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2010 (10) TMI 632

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.... Cases, for the Respondent. [Order]. - Mr. N. Chandrasekaran, learned Special Public Prosecutor for CBI Cases takes notice on behalf of the respondent and consents for the disposal of the criminal revision case at the stage of admission itself. 2. The submissions made by Mr. B. Kumar, learned senior counsel representing the counsel on record for the petitioners and by the above said learn....

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....are now in the custody of the court below. The above said Crl. M.P. No. 3431 of 2010 was filed under Section 451 Cr.P.C for the return of the passports. The learned Judge of the Court below dismissed the said petition by the impugned order dated 23-6-2010. Hence, the petitioners are before this Court questioning the correctness and legality of the said order in the present criminal revision case. ....

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....that in the event of entertaining any doubt regarding the genuineness of the passport and in the absence of any doubt regarding mutilation or tampering with the passport, such a power shall be available to the Investigating Officer or the Court. In support of his contention, the learned senior counsel relied on the judgment of the Hon'ble Supreme court in Suresh Nanda v. C.B.I. reported in 2008-1-....

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...., in the light of the above said judgment relied on by the learned senior counsel for the petitioner, the order of the lower court is liable to be set aside and the petitioners are entitled to a direction for the return of their passports. However, in order to ensure that the investigation is not hampered by the non-availability of the accused persons, this Court deems it fit to impose a condition....