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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Rehman Khan – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petition allowed (Para 8 , 9) |
| 2. court's previous ruling (Para 10) |
Order :
2. The petitioner has moved an application before learned Magistrate which came to be decided on 04.02.2025. The petitioner was married to one Smt. Farida Bano in the year 2011. Since then, he was doing labouring job in Kuwait. He frequently used to visit the country and to take care of his wife and other family members. Owing to some discord or may be of some acrimony between them, she lodged an FIR No.368/2024 on 27.07.2024 for offence under Sections 498-A, 406, 323, 494, 143 of IPC and Sections 3 and 4 of Muslim Women (Protection of Rights on Marriage) Act on March, 2019. He visited the country on 12.08.2024 to settle down the family dispute but could not get success. In a subsequent development, his wife moved an application for issuance of look out circular and in pursuance thereof, he was arrested on 09.01.2025. He was bailed out in preventive actions so also in relation to the offence relatable to the FIR No.368/2024. It is contended that he would lose job in Kuwait which he was pursuing since a long, the only source of his livelihood. It is stated that the criminal prosecution is on i
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 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.
Point of Law : Principles for granting exemption from personal appearance of the accused can be applied to appropriate sessions case as well.
The fundamental right to travel abroad should not be deprived except by a just, fair, and reasonable procedure, as per the principles established by various judgments.
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