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FARJAND ALI
Om Prakash S/o Sh. Sukhdev – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
1. The instant Criminal Misc. Petition under Section 482 Cr.P.C has been filed by the petitioner being aggrieved from the order dated 03.12.2024 passed by learned Special Additional Chief Judicial Magistrate (PCPNDT Act Cases), Jodhpur Metropolitan, Jodhpur (hereinafter to be referred as ‘the trial court’) in FIR No.131/2023 registered at Police Station Mahila Thana (Jodhpur City West), District Jodhpur City West, whereby the application filed of the petitioner for granting permission to go abroad was rejected.
2. Brief facts of the case are that on 13.06.2023, an FIR No.131/2023 got registered at Police Station Mahila Thana (Jodhpur City West), District Jodhpur City West against the petitioner and his family members for the offences under Sections 498-A, 406, 323, 325, 315 of IPC and Sections 3, 4 of Dowry Prohibition Act. Upon completion of investigation, the petitioner preferred a regular bail application, which was allowed with the condition that he would not leave the country without permission of the learned trial court. Thereafter, the applications dated 08.11.2023 and 20.05.2024 of the petitioner seeking permission to go abroad were allowed by the learned trial court
The right to travel abroad is a fundamental human right, and restrictions must comply with due process of law.
The mere pendency of a criminal case does not automatically bar passport issuance; personal liberty must be considered.
The right to travel abroad is a fundamental right under Article 21, subject to reasonable restrictions, and cannot be denied arbitrarily to an accused not convicted of any offense.
The right to travel abroad is a fundamental right under Article 21, and cannot be denied solely due to pending criminal proceedings.
The right to renew a passport is part of personal liberty and cannot be arbitrarily restricted without due process, particularly when the individual is not convicted.
Point of Law : Principles for granting exemption from personal appearance of the accused can be applied to appropriate sessions case as well.
The right to hold a passport is integral to personal liberty; arbitrary restrictions due to ongoing criminal proceedings, without conviction, are unreasonable.
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