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Prayer of NRI to appear before EOW through Video Conference for statement in MPID case

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The petitioner – NRI is residing in UAE since 2017.   He holds Indian Passport and frequently travels to India.

The petitioner submitted application for renewal of his Indian Passport at BLS Office, Dubai.  The original passport was collected by the authorities.

On 28.11.2024, Passport Section of CGI Dubai informed that a remark was recorded by Regional Passport Office, Mumbai, on his file that the matter was subject to further verification by the competent authority.

On inquiry, the petitioner was informed that the clearance from EOW, Mumbai, was cited for withholding passport renewal, in view of ongoing investigation in FIR.

On 13.2.2025, the petitioner informed EOW, Mumbai and voluntarily expressed his willingness to participate in the investigation & to give statement through audio-video electronic means.

Since there was no response, the petitioner moved Special MPID Court for passport renewal and also leave to join ongoing investigation through audio-video.

By the order dated 9.4.2025, this was rejected on the ground that a non-bailable warrant is presently pending against the petitioner.

HELD that Section 161 Cr PC (new Section 180 of BNSS) recognises conduct of trial related procedures and examination of witnesses by police through audio video electronic means.  On one hand, the petitioner is willing to give his statement through VC and on the other hand, his passport deposited with CGL Dubai is not renewed.

Order dated 6.5.2025 in Criminal Writ Petition No.2557 of 2025 of Gaurav Goenka   Vs.   The State of Maharashtra

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