Kapil Sethi v. State

Delhi High Court · 22 Jun 2011 · 2011:DHC:11371
Suresh Kait
CRLM.C. 2023/2011
2011:DHC:11371
criminal petition_allowed

AI Summary

The Delhi High Court modified a protection order to allow the petitioner to get his visa stamped before depositing his passport, balancing investigation needs with the right to travel.

Full Text
Translation output
$-19 HIGH COURT OF DELHI
CRLM.C. 2023/2011
KAPIL SETHI Petitioner Tlirougli: |Vlr.|V|ir Al<litar Hussain, Advocate
VERSUS
STATE & ORS Respondents Througli: (Vjr.Pankaj Mendiratta, Advocate for R-3.
CORAM:
HON'BLE MR.JUSTICE SURESH KAIT
22.06.2011 Crl.M.A.No.7306/2011 Allowed subject to all just exceptions.
Crl.M.C.No.2023/2011 Vide order dated 15.06.2011 the directions were issued as under:-
"CRL.M.C.2018/2011 The Petitioner is aggrieved by the Order dated
13.6.2011 passed by the learned Additional Sessions
Judge. In fact after the order on the application for protection presented by the Petitioner was passed, the petitioner withdrew the application. But obviously whatever orders were passed were to take effect. Placed in the predicament created by him the
Petitioner has now approached this Court. He finds difficulty in getting the visa stamped on his passport and necessary orders to leave the country in case of any need. Having heard the learned counsel for the petitioner, learned APP for the State and Mr.Manan learned counsel for the Complainant, the Order dated
13.6.2011 is modified as under:
(i) The Petitioner shall join the investigation as and when directed by the lO/SHO/lncharge CAW cell/ any
2011:DHC:11371 :2: officer of CAW Ceil.
(ii) The Petitioner shall deposit his passport with the
CAW Ceil.
(ill) The Petitioner shall be entitled to get the visa stamped on the passport and only thereafter he will deposit the passport with the CAW Cell within seven days from today.
(iv) The Petitioner shall not leave the country without the permission of the Court.
(v) In the event of arrest the Petitioner shall be given seven days notice.
The petition is disposed of with the above directions with the consent of the parties.
DASTI." Learned counsel for the applicants submits that the clause III should be modified to the extent that instead o^ within seven days from today should be seven days from getting the visa stamped on the passport and only thereafter he will deposit the passport with CAW Cell within seven days.
The applicant has already applied for visa stamping on
17.06.2011 the proof of which is annexed as annexure P-4 at page 24. The order is modified accordingly.
Dasti under the signature of Court iviaster.
JUNE 22, 2011 mr SURESH KAIT (VACATION JUDGE)
2011:DHC:11371
JUDGMENT