TaxTMI 
TaxTMI 
2017 (4) TMI 1589
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....e learned Judicial Magistrate No. V, Trichy for the offences under Sections 120-B, 418, 419, 420, 463, 468 and 506(i) of I.P.C., against M.A. Alaudeen (A1), Paulgeesh @ Bhuveneshwari (A2) and N.Babu @ Chandrababu (A3). Babu @ Chandrababu (A3), the petitioner herein was released on anticipatory bail in Crl.O.P.(MD).No.21389 of 2013 vide order dated 29.11.2013. Babu @ Chandrababu is an Indian citizen and he was the holder of a passport bearing No.K5703462 dated 29.07.2013. He submitted an application for re-issuance of passport based on which, he was re-issued with a passport bearing No.Z2971459, dated 03.11.2014. On subsequent verification by the Passport Authorities, it came to their notice that the above said criminal case in Crime No.319 ....
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.... Court has admitted the quash application and in Crl. M.P.(MD).No.2642 of 2017, has granted interim stay of all further proceedings in C.C.No.21 of 2015 before the learned Judicial Magistrate No. V, Trichy. At this juncture, it may be relevant to discuss the legal position with regard to the right of a person facing criminal prosecution to demand issuance of passport. To decide this issue, it may be necessary to extract the following legal provisions from the Passports Act, 1967. "Section 5(2) of the Passports Act, 1967 On receipt of an application under this section, the passport authority, after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this Act, by order in writing,- (a) issu....
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....y preceding the date of his application, been convicted by a Court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years; (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a Criminal Court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a Court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such Court; (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation; (i)) th....
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....ection (2) of Section 6 of the said Act, subject to the following conditions, namely:- (a) The passport to be issued to every such citizen shall be issued- (i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or (ii)if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year; (iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or (iv)if such order gives permission to travel abroad for a period exceeding one year, and....
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....ate No.V, Trichy. Under such circumstances, the expression 'concerned Court' in the context of the present case will mean the High Court and not the Judicial Magistrate No.V, Trichy. 6. Now, the next question that falls for consideration is whether, this Court can permit the petitioner to go abroad. This decision has to be taken on a case to case basis and there cannot be any cut and paste formula. To decide the desirability of permitting this petitioner to go abroad, it may be necessary for this Court to briefly analyse the allegations in the charge sheet in C.C.No.21 of 2015. In the charge sheet, it is alleged by the prosecution that M.A.Alaudeen (A1) and his wife Paulgeesh @ Bhuveneshwari (A2) were running a film Company, Haji C....