High CourtsSINGLE BENCH

Surinder Kaur vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 8 June 2017 · Citation: (2017) 06 P&H CK 0057

HON’BLE JUDGES
Rajiv Narain Raina
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-482>Section 482</a> - Saving of inherent powers of High Court · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-498A>Section 498A</a>, <a href=1767-406>Section 406</a> - Husba
RESULT
Disposed
CASE NUMBER
18429-2017
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Judgment

21 paragraphs · 242 words
1.

This petition has been filed by the petitioner under Section 482

Cr.P.C. for permission to visit Thailand during pendency of proceedings in

case FIR No.217 dated 06.11.2015 registered under Sections 406, 498-A

IPC at Police Station Kharar city, District S.A.S. Nagar.

2.

Twice the petitioner has been permitted by this Court to travel

to Thailand vide orders dated 13.05.2016 and 13.01.2017.

3.

This petition has been filed directly in the High Court while the

trial Court could have been approached with the prayer for permission to

travel abroad with her itinerary, date of departure and return in view of the

orders already passed in the case of the petitioner. I have no doubt that in

case the trial Court is moved, it would consider the request in the light of the

orders earlier passed by this Court. It has been disclosed that permission was

once declined by the High Court for the reason that stage investigation is

going on and challan is yet to be presented and travel permission may cause

prejudice to the investigation and could lead to delay. That difficulty is no

longer present. Thereafter, the petitioner had moved an application which

was allowed by this Court.

4.

The petition is disposed of with liberty to the petitioner to file

an application before the trial Court for permission to travel abroad. In case,

application is filed the same shall be disposed of in accordance with law

within a week.