IPC, PS Swaroop Nagar, District Kanpur Nagar (State v. Sameer Oberoi) pending in his court and consequently, allow him to travel abroad
Case Details
Neutral Citation No. - 2024:AHC:115227 Court No. - 77 Case :- APPLICATION U/S 482 No. - 10108 of 2024
Legal Reasoning
4. The grievance of the applicant is that although vide order dated 31.10.2018 passed by a Division Bench of this Court in Crl. Misc. Writ Petition No. 31339 of 2018 (Sameer Uberoi Vs. State of U.P. and two others) his arrest was stayed till submission of police report under Section 173(2) Cr.P.C. but there was a direction that he will not leave country without permission of the Chief Metropolitan Magistrate, Kanpur Nagar and shall also surrender his passport within a period of two weeks before the Chief Metropolitan Magistrate, Kanpur Nagar. The relevant portion of the said order is quoted herein-below: "It is made clear that the petitioner shall not be allowed to leave this country without permission of the Chief Metropolitan Magistrate, Kanpur Nagar and he shall also surrender his pass-port within a period of two weeks from today before the Chief Metropolitan Magistrate, Kanpur Nagar." 5. It is further submitted that subsequently the investigation in the matter concluded and the applicant challenged the orders dated 18.03.2021, 20.12.2022 and 24.06.2023 rejecting the prayer for discharge, framing of charge with the entire proceedings of the case before this Court in Crl. Misc. Application U/s 482 No. 31644 of 2023 (Sameer Uberoi Vs. State of U.P. and another) in which the matter was referred to the Mediation Centre of this Court since the dispute in the matter is between two real brothers but the mediation has failed on 01.05.2024 but the said petition is pending before this Court which is to be decided on merits. It is submitted that the applicant was granted bail vide order dated 22.02.2022 passed in Crl. Misc. Bail Application No. 52935 of 2021 (Sameer Oberoi Vs. State of U.P.), copy of the order is annexed as annexure 14 to the affidavit. It is submitted that now an application dated 05.06.2023 with the prayer that the passport of the applicant be directed to be released has been rejected by the court concerned vide the order impugned dated 14.06.2023. It is submitted that as such the order impugned be set aside and the application dated 05.06.2023 of the applicant be allowed. 6. Learned counsel for the opposite party no.2 while placing para 5 of the affidavit in support of the application dated 05.06.2023 of the applicant praying for release of the passport has submitted that even previously an application of the applicant for release of his passport which was dated 17.06.2022 was rejected against which he had approached this Court in 482 petition being Crl. Misc. Application U/s 482 No. 4794 of 2023 (Sameer Oberoi Vs. State of U.P. and 2 others) which was disposed of and the matter was remanded to be decided a fresh on merits. It is submitted that now a second application for the same prayer has been made. It is submitted that although the prayer in the application dated 05.06.2023 of the applicant is only for release of his passport but in the present application under Section 482 Cr.P.C. he has stepped ahead and has also prayed for allowing him to travel abroad which was not the prayer in the application dated 05.06.2023 before the court concerned. He submits that he has no objection in so far as the prayer in the application dated 05.06.2023 for release of passport only is concerned is allowed. 7. Learned counsel for the State has also been heard. 8. Learned counsels for the parties submit that the matter be decided at this stage as they do not intend to file any pleadings in the same and thus the Court proceeds to decide the same. 9. After having heard learned counsels for the parties and perusing the records, it is evident that an application dated 05.06.2023 has been moved by the applicant before the CMM, Kanpur Nagar with the prayer to release his passport. His passport has been deposited under the directions of a Division Bench of this Court in a writ petition vide order dated 31.10.2018. The prayer in the present application under Section 482 Cr.P.C. is to quash the order impugned and further to allow the applicant to travel abroad which is not the prayer in the application dated 05.06.2023 of the applicant before the court concerned. 10. Learned counsel for the first informant has not object to the prayer made in the said application dated 05.06.2023 of the applicant moved before the court concerned but has objected to the further prayer being made in the present 482 Cr.P.C. for permission to travel abroad on the ground that it has been made for the first time before this Court without being prayed for before the court concerned. More so, merely release of passport will not entitle the applicant to travel abroad as there is even a restriction on him to leave country without permission of the Court as directed in the order dated 31.10.2018 of the Division Bench of this Court.
Arguments
Applicant :- Sameer Oberoi Opposite Party :- State of U.P. Counsel for Applicant :- Ravitendra Pratap Singh Chandel,Shreesh Srivastava,Sushil Shukla Counsel for Opposite Party :- Anurag Vajpeyi,G.A.,Syed Imran Ibrahim Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sushil Shukla, learned counsel for the applicant, Sri Syed Imran Ibrahim, learned counsel for the first informant (though not impleaded as a respondent) and Sri Ajay Singh, learned AGA-I for the State and perused the record. 3. The present application under Sections 482 Cr.P.C. has been filed by the applicant Sameer Oberoi with the following prayers: "It is, therefore most respectfully prayed that this Hon'ble Court may be pleased to allow this application and by invoking its inherent power in the matter and quash the impugned order-dated 14.6.2023 passed by Ld CMM, Kanpur Nagar in connection with Criminal Case No. 5083 of 2019 (arising out of Case Crime No. 198 of 2018) u/s 419, 420, 467, 468, 452, 323 & 504 IPC, PS Swaroop Nagar, District Kanpur Nagar (State Vs Sameer Oberoi) pending in his court and consequently, allow him to travel abroad on such terms and conditions as this Hon'ble Court may deem fit and proper to impose upon him otherwise he shall suffer irreparable loss. And/or to pass such other order(s) as this Hon'ble Court may deem fit & proper in the given facts & circumstances of the case."
Decision
11. The present petition stands disposed of with a direction that the passport of the applicant, if any, deposited in compliance of the order dated 31.10.2018 of a Division Bench of this Court may be released in his favour. Further, the prayer for allowing to travel abroad is misconceived as the same does not find place in the original application dated 05.06.2023 filed before the court concerned and as such the same is rejected at this stage as such. Order Date :- 19.7.2024 M. ARIF (Samit Gopal, J.)