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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Khushwiner Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
FARJAND ALI, J.
1. The instant Criminal Misc. Petition under Section 482 Cr.P.C (Section 528 BNSS, 2023) has been filed by the petitioner being aggrieved from the order dated 12.12.2024 passed by learned Judicial Magistrate, Hanumangarh in Criminal Misc. Case No.12/2024 whereby the learned Court has rejected the application filed by the petitioner seeking permission to go abroad and for quashing of the lookout circular issued against him.
2. Brief facts of the case are that on 13.04.2023, FIR No. 108/2023 was registered at Police Station Mahila Thana against the petitioner for the offences under Sections 498-A, 406, 354 and 377 of the IPC. The investigation in the case is underway. The petitioner wants to travel abroad for earning his livelihood as he is working in a multinational company and under such circumstances, he filed an application before the court below seeking permission to go abroad and also prayed that the lookout circular issued against him may be quashed. The learned Magistrate vide order dated 12.12.2024 rejected the said application. Hence, this Criminal Misc. Petition.
3. This Court has dealt with the similar issue in the case of Balkaran Singh v. State of Ra
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 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 hold a passport is integral to personal liberty; arbitrary restrictions due to ongoing criminal proceedings, without conviction, are unreasonable.
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.
The right to travel abroad is a fundamental right under Article 21, and cannot be denied solely due to pending criminal proceedings.
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