Amitoj Singh vs Union Of India & Others

Pankaj Purohit, J

Heard learned Counsel for the parties.

By means of the present writ petition, petitioner has put to challenge the order dated 04.03.2025, passed by learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in connection with the FIR dated 19.12.2024 registered as FIR No.483 of 2024, under Sections 115(2), 324(4), 351(2), 3(5), 352 & 309(4) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Kashipur, District Udham Singh Nagar along with other ancillary prayer to allow the petitioner to go abroad i.e. Auckland, New Zealand for pursuing his studies.

The aforesaid first information report has been lodged against the unknown persons, but during the investigation the name of the petitioner cropped up and he later on released on bail by the learned First Additional Sessions Judge, Kashipur on 07.01.2025. The petitioner, who is permanent resident of Village Pannu Farm, Bharatpur, Post Kunda, Jaspur, Udham Singh Nagar is pursuing a Programme Course known as “Health and Wellbeing (Social & Community Services) Level-4 (with strands in Mental Health and Addiction Support and Disability Support)” from Aukland, New Zealand. The said course is a one year course starting w.e.f. 23.09.2024 to 25.07.2025. The petitioner came to India in the month of December, 2024, where pursuant to the aforesaid FIR referred hereinabove, he was arrested and later on released on bail.

According to petitioner, he is a passport holder bearing Passport No.V6536360 issued on 22.02.2022 for a period of ten years by the Regional Passport Authority, Dehradun and he wants to join the aforesaid programme course in Auckland (New Zealand), but due to pendency of the aforesaid criminal case, the authorities are not allowing him to leave the country. Thereafter, an application has been moved by the petitioner on 28.02.2025 before the learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar for giving him permission to visit Aukland (New Zealand) for pursuing his remaining studies of the aforesaid programme. The said application was rejected vide impugned order dated 04.03.2025 passed by learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Misc. Aplication No.103 of 2025, Amitoj Pannu @ Paras vs. SHO Kashipur & others. It is feeling aggrieved by the aforesaid order dated 04.03.2025, petitioner is before this Court.

I have perused the order impugned in the present writ petition. The reasons which have been stated by learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar for rejecting the application are contained in para 6 of the impugned order. It is stated by learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar that the petitioner failed to produce any document with regard to his educational course in New Zealand and also with regard to the fact that the examination are going to commence w.e.f. 12.02.2025.

Petitioner has annexed certain documents as annexure-1 to the writ petition with regard to the fact that petitioner is pursuing the aforesaid course in New Zealand. The Programme Scheduled Break is reproduced below:-

“. 18 November 2024 - 29 November 2024

. 23 December 2024 - 17 January 2025 (Christmas Break)

. 24 February 2025 - 7 March 2025

. 5 May 2025 -15 May 2025”

From perusal of the Programme Scheduled Break, it is reflected that the petitioner was never appears to be sincere with the studies. The programme scheduled break starts w.e.f. 23.12.2024 to 17.01.2025 (Christmas Break) but the alleged offence in which the petitioner was roped in happened on 18.12.2024. The earlier break as per the scheduled break starts from 18.11.2024 to 29.11.2024, therefore, it is quite inconceivable as to why the petitioner was in India after 1st break came to an end i.e. on 29.11.2024.

Per contra, learned State Counsel submits that petitioner is charged with a serious and heinous offence in India and there is every likelihood of his not returning for participating in the trial. There are chances that he may flee from justice.

Having considered the submissions made by learned counsel for the parties and from perusal of the record and the order impugned, this Court finds no illegality in the order passed by learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar. Accordingly, the writ petition fails and is dismissed in limine.

Pending application, if any, stands disposed of accordingly.