The High Court of Rajasthan allowed the criminal miscellaneous petition, setting aside the trial court's rejection of the petitioner's application for a passport on surrender-ground to visit the USA.
Impugned order dated 12.02.2021 set aside; trial court directed to give passport on surrender-ground.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2681/2021
Ashok Singhvi S/o Shri A. M. Singhvi, R/o 3, Raj Bhawan Road, Civil Lines, Jaipur.
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
| ----Respondent | ||
|---|---|---|
| For Petitioner(s) | : | Mr. Deepak Chauhan |
| For Respondent(s) | : | Mr. Imran Khan,PP. |
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
19/07/2021
Petitioner has preferred this criminal miscellaneous petition aggrieved by the order dated 12.02.2021 passed by Special Sessions Judge (PMLA Act, 2002/Communal Riots Cases), Jaipur Metropolitan, Jaipur in Sessions case No.31/2019 in which trial Court rejected the application filed by the petitioner for taking passport on Supurdginama .
Learned counsel for the petitioner submits that son and daughter of the petitioner are permanent citizens of United States of America. Petitioner wants to go to America to meet them. So, he needs passport on Supurdginama . Learned trial Court has wrongly rejected the application filed by him.
Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioner.
I have considered the arguments advanced by both the parties.
(2 of 2)
Criminal miscellaneous petition regarding permission to go abroad is allowed. So, in the interest of justice, the passport be given to the petitioner on Supurdginama . Learned trial Court has wrongly rejected the application filed by the petitioner. So, the impugned order dated 12.02.2021 passed by the trial Court, being devoid of merit, is liable to be set aside.
The criminal miscellaneous petition is allowed and the impugned order dated 12.02.2021 is set aside. Trial court is directed to give passport of the petitioner on Supurdginama on his satisfaction.
(NARENDRA SINGH DHADDHA),J
Seema/118
1 issue framed by the court
Whether the petitioner be granted permission to proceed abroad on surrender-ground condition.
Ashok Singhvi
State Of Rajasthan
Narendra Singh Dhaddha
As recorded by the court registry
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