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TMI Blog2018 (9) TMI 2062X X X X Extracts X X X X X X X X Extracts X X X X ..... d at Police Station Sadar Malout, District Sri Muktsar Sahib. Prayer has also been made for setting aside the order dated 01.09.2018 (Annexure P-5), whereby the application for grant of permission to go abroad was declined by the trial Court. Learned senior counsel for the petitioner has argued that the aforesaid FIR was registered at the behest of Gurtej Singh, who is a stepbrother of the petitioner and various litigations including civil ones are pending between the parties. The petitioner has been associating with the proceedings and even during the pendency of the trial in this case, she was granted permission to go abroad. At no point of time, the petitioner ever violated the conditions so imposed by the trial Court while remaining ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ute that even prior to seeking present permission to go abroad from this Court, the request of the petitioner to go abroad was declined by the trial Court vide impugned order dated 01.09.2018. However, the same Court i.e. trial Court had earlier allowed the petitioner to go abroad for the purpose of accompanying her son to Bulgaria from 20.07.2018 to 27.07.2018 and after having visited the said country, the petitioner returned to India on 25.07.2018 and joined the proceedings of the case. No doubt, the trial in the case is at an advanced stage, but when the proceedings of the case have been stayed by this Court in other connected litigation between the parties, no prejudice would be caused to the complainant. Therefore, considering the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng upon the case of Srichand P. Hinduja's case (supra) has observed as under: "10. It is not in dispute that the petitioners are having business commitments to fulfill and they have to go abroad for business dealings. It is also not in dispute that the petitioners do go abroad for business dealings. It is also not in dispute that contracts have to be procured from abroad to carry out the work here. Besides, the petitioners had earlier also gone abroad in terms of the permission granted by this Court on 1.8.2003 and they have returned and re-deposited their passports. 11. The Hon'ble Supreme Court in Srichand P. Hinduja v. State through C.B.I., New Delhi, 2002(3) RCR (Crl.) 186 (SC): AIR 2002 Supreme Court 410 granted permission to go a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion is being sought for oblique considerations. In Anjal Kumar @ Angel Kumar Versus State of Punjab 2010 (1) RCR (Criminal) 201, in somewhat similar circumstances, where a person was facing the criminal trial and was declined permission to go abroad, as the accused was facing trial in case under Section 420 , 406, 403, 34 IPC, the accused was allowed to go abroad and the Court observed as under: "3. Heard. The cardinal principle of criminal jurisprudence, as applies in this country, is that every person is innocent till proved guilty and further that the Court presumes a human being to behave normally and this presumption continues till such time it is proved to the contrary. The fundamental right or civil right cannot be curtailed onl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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