Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No.3252/SS/2017
Order Below Exh.31
MHMM180016992018
C. C. No.3252/SS/2017
KOTAK MAHINDRA BANK LTD Vs.
GUPTA SYNTHETIC LTD
IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.31
1. This is application for granting permission to the
accused to travel abroad.
2. Respondent No.1/Original complainant objected the
application on the ground that the passport is already impounded
by the respondent No.3. Unless passport is released by respondent
No.3 and its Appellate Authority, the applicant can not seek
permission to travel abroad.
3. None present for respondent No.2 and 3.
4. After hearing advocate for respondent No.1, it apprises
that the application is moved to give go by to the jurisdiction of
Appellate Authority of Passport who has impounded the same.
However, after perusal the prayer clause 14-A of the application, it
is crystal clear that accused has prayed only permission to travel
abroad without interfering within the jurisdiction of Appellate
Authority of Passport Authority, Surat.
5. No doubt various criminal proceedings are pending
against applicant. But still he is not held guilty of the offence.
Personal liberty of the accused can not be curtailed only on the
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Order Below Exh.31
ground of pending criminal proceedings against the accused.
Advocate for the accused had undertaken to conduct the trial in
absence of accused without seeking any adjournment and co-
operate to finish trial. The applicant had also stated that he
undertook to remain present as and when required by the court.
6. In the facts and circumstances, without touching to the
legal aspect of rights and jurisdiction of Appellate Authority of
Passport office, Surat to release the Passport or deal with the
application of the Applicant, I deem fit to grant permission to
travel abroad to the accused.
7. Passport officer and its Appellate Authority is at liberty
to decide the application preferred by the applicant if any pending
before them as per the legal provisions of law without considering
the findings and order passed by this court. Hence I pass following
order.
ORDER
1. The accused is granted permission to travel abroad on
condition that whenever his presence is required, he will
remain present on giving notice to his advocate.
2. Advocate for accused shall conduct the trial in absence of
accused without seeking any adjournment.
3. Order dictated and pronounced in open Court.
Mumbai, (M. P. Saraf)
Dated : 16.09.2023. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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Order Below Exh.31
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 16.09.2023.
Transcribed and Typed on : 16.09.2023.
Order printed and Signed on : 16.09.2023.
Order Uploaded on : 16.09.2023.
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