Mere pendency of FIR does not constitute pending criminal proceedings, and the court can consider permitting travel abroad at this stage, subject to certain conditions.

1. This Criminal Original Petition is filed to permit the Petitioner/A7 to pursue her Ph.D Studies in the Chalmer’s University, Sweden, for the academic years May 2019 to December 2023.

2. The facts leading to filing of this Criminal Original Petition are as follows:-

(a) The Petitioner/A7 has completed B.Tech (Chemical Engineering) in the year 2000 and also completed M.Tech (Chemical Engineering) in IIT, Kanpur, in the year 2002 and thereafter, she pursued her Ph.D in IIT, Madras, however, due to her employment, she discontinued the same. She has been appointed as an Assistant Professor, Chemical Engineering Department in the Anna University, by letter dated, 26.11.2014 and she joined duty on 05.12.2014.

(b) While so, based on a complaint, a First Information Report, dated 31.07.2018, vide No.09/AC/2018/CCI, was registered against her, arraying her as A7, for the offence under Sections 120B, 167, 201, 420, 468, 471 of IPC and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, alleging that the Petitioner/A7 along with others, being Public Servant have committed the offences of criminal conspiracy, framing an incorrect documents with intent to cause injury, causing disappearance of evidence, cheating, forgery for the purpose of cheating, using as genuine a forged document and criminal misconduct.

(c) In the mean while, the Petitioner/A7 has got an opportunity to study Ph.D in the Chalmers University, Sweden, vide letters dated, 06.02.2019 and 13.02.2019. Subsequently, the Petitioner/A7 has made a representation, dated 21.02.2019, to the Registrar, Anna University, seeking extraordinary leave (2 years + 2 years for higher education), as per the Rules and Regulations of the University, to pursue her Ph.D Studies at abroad. The Chalmers University, Sweden has granted three months time to the Petitioner/A7 to join the University on or before 06.05.2019.

(d) In the above circumstances, the Petitioner/A7 has filed Crl.OP.No.8138 of 2019 to quash the First Information Report and the said Crl.OP.No.8138 of 2019 was dismissed, as withdrawn, with a liberty to file a fresh petition, seeking appropriate relief. Thereafter, the Petitioner/A7 has made a further representation, dated 16.04.2019 to the Respondent, seeking permission to pursue her Ph.D at abroad. Since there is no response so far, this Criminal Original Petition has been filed, seeking the relief, as stated above.

3. The learned counsel for the Petitioner/A7 would submit that the case is at the stage of First Information Report and that she has nothing to do with the alleged offence and that she was never called for enquiry by the Respondent and that no show cause notice was issued to her. He would further submit that the Petitioner/A7 was not placed under suspension and was not warned or censured and that she was not called for any departmental enquiry and that due to the First Information Report, falsely implicating her, she could not proceed with her further education at abroad. He would further submit that the freedom of movement is a highly cherished right guaranteed under the Constitution of India essential for everyone citizen’s own future and for the growth and development of human personality and that the right to travel abroad cannot be curtailed by the respondent at the stage of pendency of the First Information Report, unless the power conferred under Section 10(3) of the Passport Act is invoked by the appropriate Authority, in accordance with law, by following proper procedure and that the Petitioner/A7 is ready to abide by any conditions to be imposed by this Court and seek permission of this Court to her to pursue her Ph.D Studies in the Chalmer’s University, Sweden for the academic years May 2019 to December 2023.

4. The learned counsel for the Petitioner/A7 would further submit that though the Respondent has not filed the final report and at this stage when cognizance of the offence having not been taken by the Court concerned, the