1. Police instruction restricting travel abroad during investigation of criminal complaints. (Para 2 )
Back
Next 
2007 Supreme(SC) 1818
SUPREME COURT OF INDIA
K.G. Balakrishnan, CJI., B.P. Singh And G.P. Mathur, JJ.
Shilpa Shetty - Petitioner
Versus
Rikhab Raj Bhandari and others - Respondents
Transfer Petition (Crl.) No. 165 of 2007.
Decided On : 18-5-2007
Advocates Appeared:
For the Petitioner:- K.L. Taneja, Advocate.
For the Petitioner:- K.L. Taneja, Advocate.
The court may permit a party to travel abroad during an investigation, subject to proper documentation, and grant an interim stay of proceedings in multiple pending criminal complaints.
Headnote:(A) Criminal Procedure - Transfer Petition - Permission to travel abroad and stay of proceedings - Petitioner permitted to travel abroad subject to having appropriate travel documents - Interim stay granted in respect of multiple criminal complaints pending before various Magistrate courts. (Paras 3 and 4)
Facts of the case:
The petitioner was instructed by police authorities not to travel abroad as part of an investigation. Several criminal complaints were pending against the petitioner in different courts of the Magistrate.
Findings of Court:
The court permitted the petitioner to travel abroad subject to the possession of appropriate travel documents. Additionally, an interim stay was granted on the proceedings of the pending criminal complaints.
Issues: Whether the petitioner should be allowed to travel abroad despite police restrictions and whether the proceedings in the various pending criminal complaints should be stayed.
Ratio Decidendi: The court exercised its discretion to allow the petitioner to travel abroad provided appropriate travel documents are available and granted interim stay of proceedings in the specified criminal cases to provide relief to the petitioner.
Result: Notice issued, permission to travel granted, and interim stay of proceedings granted.
Legal Category Hierarchy
Table of Contents
ORDER :
K.G. Balakrishnan, C.J.I. - Issue notice.
2. Learned counsel for the petitioner submits that an order has been passed as part of the investigation, the police authorities had instructed that the petitioner shall not go abroad.
3. The petitioner is permitted to go abroad subject to her having appropriate travel documents.
4. There shall be interim stay of proceedings pending in the Court of the Jaipur Chief Metropolitan Magistrate, Court Room No. 4 (Jaipur City, Jaipur) i.e. Criminal Complaint No. 7210 of 2007 titled Rikhab Raj Bhandari v. Shilpa Shetty , criminal complaint case titled Bhoop Singh v. Shilpa Shetty, pending in the court of the learned Civil Judge (AB) and the Judicial Magistrate, First Class, Mundawar, Alwar (Rajasthan), Case No. nil and Complaint No. 7559 of 2007 pending in the Chief Metropolitan Magistrates Court, Ghaziabad titled Rukan Singh Tevtia v. Shilpa Shetty.
