Allowed

Adhish P J Clifford v. State of U.P. and 2 Others

Allahabad HC24 Nov 2024A482/32658/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. seeking release of passport deposited by an applicant facing trial. The High Court directed release of the passport and waived the requirement for prior permission to visit foreign countries, provided the applicant appears regularly in court.

What did the court decide?

Directed the S.H.O. P.S. Bela to release passport No. N4072881; waived requirement to obtain prior permission from trial court to visit foreign countries.

Adhish P J Clifford Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:184226

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 32658 of 2024

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Applicant :- Adhish P J Clifford Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Gopal Misra Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard Shri Gopal Misra, learned counsel for the and learned A.G.A. for the State.

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The applicant has assailed the order dated 08.08.2024 whereby, the applicant's application for release of passport No. N4072881 has been declined by the trial court.

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Learned counsel for the applicant submits that in compliance of order dated 04.12.2021, passed in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No.19127 of 2021, the applicant had deposited his passport with the S.S.P. Auraiya and since then the applicant's passport is lying in police custody. Learned counsel next submits that the applicant is facing trial arising out of Case Crime No.0438 of 2021, under Section 193, 419, 420, 467, 468, 471 IPC, registered at P.S. Vidhuna, District Auraiya and has been regularly attending the court proceedings. Vide order dated 04.12.2021, the coordinate Bench of this Court directed the applicant to deposit his passport with S.S.P. concerned and shall not leave India without the prior permission of the Court. Therefore, the applicant moved an application before the Chief Judicial Magistrate for release of his passport and permission to visit the foreign country as and when need arise as the applicant is

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a Professor in the Department of Radio Diagnosis, Head of Department in Hind Medical College, Lucknow and visits foreign countries to attend seminars and conferences for and on behalf of department.

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Per contra , learned A.G.A. has opposed the instant application on the ground that the applicant is facing serious charges and if the passport is released he may not cooperate with the trial.

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After hearing the learned counsel for the applicant and having gone through the material available on record, it is admitted that the applicant is an M.B.B.S. doctor registered with the Medical Council of Uttar Pradesh and obtained an M.D. (Radiodiagnosis) from Baba Farid University of Health Sciences University Faridkot. In view of the fact that the applicant is a practising doctor and nothing adverse on record to suggest that the applicant has ever breached any of the conditions mentioned in the order dated 04.02.2021, thus, the S.H.O. P.S. Bela is directed to release the passport No. N4072881 in favour of applicant and the requirement of taking permission from the trial court to visit foreign countries is waived off subject to regular appearance before the trial Court in the aforesaid case. It is made clear that if the applicant fails to appear before the trial Court regularly, the trial Court may ask the applicant to surrender his passport.

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With the aforesaid observations, the instant application is disposed of.

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Order Date :- 25.11.2024 A. Tripathi

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Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Adhish P J Clifford v. State of U.P. and 2 Others

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Adhish P J Clifford v. State of U.P. and 2 Others

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