2018 (4) TMI 1920

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.... (Old C.C.No.1850 of 2012) before the Special Metropolitan Magistrate, CCB Cases, Egmore for the offences under Sections 406, 409, 420, 468 and 471 r/w 34 IPC. This prosecution has been initiated on the complaint lodged by Raghav Reddy (third respondent). Ashok Giri (the petitioner in Crl.O.P. No.8618 of 2018) is the holder of Indian Passport bearing No.G6271282, which expired on 27.11.2017 and Rekha Ashok (the petitioner in Crl.O.P. No.8619 of 2018) is the holder of Indian Passport bearing No.F2894191, which expired on 24.04.2015. Both of them submitted applications for renewal of their passports and in their passport applications, they disclosed the pendency of C.C.No.7185 of 2017 (Old C.C.No.1850 of 2012). Therefore, the Regional Passpor....

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....2 of the Passports Act r/w the Notification No.G.S.R.570(E) dated 25.08.1993. In this case, Ashok Giri and Rekha Ashok have filed Crl.O.P.No.15780 of 2014 for quashing the charge sheet in C.C.No.1850 of 2012 and this Court, by order dated 05.03.2015, has dispensed with their personal appearance before the trial Court and has ordered notice to the respondents therein. In such view of the matter, the expression "concerned Court" in the notification dated 25.08.1993 will be this Court and not the trial Court, since this Court is seized of the quash proceedings in Crl.O.P.No.15780 of 2014. 4. At this juncture, learned counsel for the de facto complainant submitted that apart from C.C.No.7185 of 2017 (Old C.C.No.1850 of 2012), Ashok Giri is an ....

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....ions. 6. Now, coming to the facts of this case, both the petitioners are seeking renewal of their passports. The allegations against the petitioners in C.C.No.7185 of 2017 (Old C.C.No.1850 of 2012) is that the de facto complainant was a Director in Vaishnavi Infrastructure Engineering Private Limited and Ashok Giri was inducted as one of the Directors. The de facto complainant resigned from the Directorship and had entered into a Memorandum of Understanding, in which, the property of Rekha Ashok was kept as escrow property for the performance of certain obligations by Ashok Giri. Without completing the obligation, the property that was escrowed was mortgaged. This is the sum and substance of the allegations in the charge sheet. 7. It is a....

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....une, 2018. 5. I state, that in compliance with the undertaking made to this Hon'ble Court, this Hon'ble court may be pleased to direct the 2nd respondent, the Passport authority  to renew/issuance my passport." 11. As regards Rekha Ashok, she has filed an undertaking affidavit stating that she is not travelling abroad on this occasion with her husband Ashok Giri, the relevant portion of which reads as under: "2. I state that I am grateful to this Hon'ble Court for granting my prayer for renewal/issuance of my passport. 3. I state that that as my in-laws are old and dependant, I am not travelling abroad on this occasion with my husband Ashok Giri, however, as per the undertaking given by my counsel, I am submitting th....