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2022 Supreme(SC) 1314

INDIRA BANERJEE, J. K. MAHESHWARI
Deepak Sharma – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Manu Mridul, Advocate, Mr. Surya Kant, Advocate, Ms. Priyanka Tyagi, Advocate, Mr. Shalaj Mridul, Advocate, For the Appellant / Dr. Monika Gusain, Advocate, For the Respondent.

ORDER

1. Leave granted.

2. No one has appeared on behalf of the Respondent No.2 in spite of notice.

3. This appeal is against an order dated 24.11.2021 passed by the High Court of Punjab and Haryana at Chandigarh dismissing Criminal Misc. No. 33701/2021 in Criminal Miscellaneous Petition No. 33995 of 2021 filed by the Appellant for permission to travel back to the United States of America, where he has a job, and resume his duties.

4. The short question in this appeal is, whether the Appellant can be denied his fundamental right of personal liberty to travel abroad, subject to possession of a valid passport, visa and other requisite travel documents, only because he is arrayed as accused in a complaint filed by his brother's wife against his brother being the husband of the complainant and his parents, particularly mother and that too when the allegations in the complaint do not disclose any criminal offence on the part of the Appellant. The answer to the aforesaid question has to be in the negative.

5. The Appellant is the brother-in-law (husband's brother) of the Respondent No.2 (hereinafter referred to as the "complainant"). The Appellant is employed in Texas in the United States of

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