S.452 CrPC | Seized Passport Cannot Be Withheld After Acquittal In Criminal Case Citing Pendency Of Appeal Period: Karnataka High Court

The Karnataka High Court has made it clear that on an accused being acquitted by the trial court, his passport cannot be withheld on the ground that period for preferring an appeal against the order of acquittal is yet to get over.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Francis Xavier Crasto and directed the concerned court to release his passport.

The petitioner was embroiled in a crime and pursuant to a FIR, his passport was seized. The Sessions Court in terms of the order dated April 12, 2023 acquitted the petitioner but did not pass any order under Section 452 CrPC (Order for disposal of property at conclusion of trial) with regard to the seized passport. Following which the petitioner filed an application under Section 452 of CrPC for return of the passport.

The trial court rejected the application on the ground that the appeal period for preferring an appeal against the order of acquittal is pending.

On perusing the reason mentioned in the order passed by the trial court the court said “The reason so rendered on the face of it is erroneous, as the passport that are seized cannot be withheld after the acquittal of the petitioner merely because an appeal would be filed against the said order.”

It therefore allowed the petition and directed the concerned Court to release the passport in favour of the petitioner.

Case Title: Francis Xavier Crasto And State of Karnataka

Case NO: Criminal Petition No. 4781 of 2023

Citation: 2023 LiveLaw (Kar) 250

Date of Order: 21-06-2023

Appearance: Senior Advocate Hashmath Pasha for Advocate Kariappa N A for petitioner.

HCGP Mahesh Shetty

Click Here To Read/Download Order