Allowed

Kishore Saxena v. State of Rajasthan through P P

Rajasthan HC10 Jul 2017CRLMP/3264/2017

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 CrPC challenging an order denying permission to travel abroad. The court set aside the impugned order, permitted the petitioner to go to America, directed the release of his passport, and mandated surrender by 30.09.2017.

What did the court decide?

Petitioner permitted to travel to America; impugned order set aside; passport to be released; surrender required by 30.09.2017.

Kishore Saxena Vs State of Rajasthan through P P — Criminal Trial and Appeal | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 3264 / 2017

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Kishore Saxena S/o Shri Suraj Narain, R/o 1617, Suraj Sadan, Tharmal Road, Kunhadi, Kota

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----Petitioner

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Versus

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State of Rajasthan Through PP

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----Respondent

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For Petitioner(s) : Mr. N.A. Naqvi Sr. Adv. with

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Mr. C.P. Meena

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For State : Ms. Meenakshi Pareek-P.P.

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For Respondent(s) : Mr. Shamsuddin Ansari

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HON'BLE MRS. JUSTICE SABINA

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Order

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10/07/2017

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Petitioner has filed this petition under Section 482 Code of Criminal Procedure, 1973 challenging the orders dated 27.03.2017, whereby application moved by the petitioner for grant of permission to travel abroad was dismissed.

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Learned counsel for the petitioner has submitted that petitioner is facing criminal proceedings since the year 2012. Petitioner is regularly appearing before the trial Court. Son of the petitioner is residing in America. Daughter-in-law of the petitioner is to deliver a baby in the month of August 2017. Wife of the petitioner is a Government employee and has been granted permission by her Department to go abroad. Petitioner wants to accompany his wife to America. Petitioner be granted permission to enable him to go to America.

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(2 of 2)

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[CRLMP-3264/2017]

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Learned State Counsel on the other hand has opposed the petition.

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Keeping in view the facts and circumstances of the case, this petition is allowed and the impugned order is set aside. Petitioner is permitted to go to America. Passport of the petitioner be released by the concerned police station forthwith to enable the petitioner to seek visa etc. Petitioner is permitted to travel abroad subject to his furnishing necessary bonds to the satisfaction of the trial Court. Petitioner surrender before the trial Court on 30.09.2017. Petitioner shall also furnish an undertaking before the trial Court that in his absence he shall have no objection, if prosecution witnesses are examined in the presence of his counsel.

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(SABINA) J.

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Sudha/75

Kishore Saxena v. State of Rajasthan through P P

Case brief

What is this about?

What did the court decide?

Kishore Saxena v. State of Rajasthan through P P

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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