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The Times of India
The Times of India
National
TNN

Court can impound any document but not passport, says Karnataka high court

BENGALURU: The Karnataka high court in a recent judgement held that Section 104 of the Criminal Procedure Code empowers a court to impound any document placed before it, but not passports.

Allowing the petition filed by Praveen Surendiran, arraigned as accused no.10 in a case where crores of rupees were siphoned off Manipal Education and Medical Group, Justice M Nagaprasanna said that a passport can be impounded only by the competent authority in terms of Section 10 of Passport Act 1967.

"The Passport Act is a special law and prevails over Section 104 of the CrPC. The court can impound any document but not the passport as it is dealt with by a special enactment. The trial court order declining to release the petitioner's passport holding that it is in safe custody till the conclusion of the trial is unsustainable," the judge further observed in his order.

The high court has issued a direction to hand over the passport to the petitioner within three weeks . Further, considering the fact that criminal proceedings are pending against the petitioner and the apprehension of M/s Manipal Integrated Services Pvt Limited that he (Praveen) could abscond and not be available for trial, the judge said that it is open to the respondents (including Cubbon Park police) to approach the Passport Authority under Section 10 of the Passports Act, 1967, for impounding the passport of the petitioner in accordance with law, after affording a reasonable opportunity to the petitioner. The judge has also said that the travel of the petitioner beyond the shores of this nation will be only on further orders in the writ petition pending before the high court.

Praveen from Bengaluru had challenged the March 2, 2022, order of the 4th additional chief metropolitan magistrate, Bengaluru, rejecting his application for release of his passport. The multi-crore fraud case was registered initially against six persons on in 2018. Three more accused were added in the first additional chargesheet filed on September 14, 2019. Later, Praveen was named an accused in the second additional chargesheet filed on on January 11, 2021.

He challenged the said proceedings and on December 9, 2021, the HC stayed all further proceedings against him. On December 20, 2021, he was enlarged on bail by imposing two conditions - executing a personal bond for Rs1 lakh and furnishing such documents of surety. Praveen then moved the trial court seeking the release of his passport on the ground that his son studies in a school in Paris and as physical classes have started, he wanted to accompany him to Paris.

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