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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Hon'ble Subhash Vidyarthi,J.
Aditya Murti – Appellant
Versus
Central Bureau Of Investigation/Anti Corruption Bureau Lko. – Respondent
| Table of Content |
|---|
| 1. applicant's request for travel abroad amid ongoing trial. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented regarding the applicant's rights and previous permissions. (Para 7 , 8 , 9) |
| 3. analysis of relevant case law regarding travel rights. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. court's observations on the necessity of travel for an accused. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 5. court's decision on the application for travel permission. (Para 23) |
| 6. final order rejecting the application. (Para 24) |
Order :
(Subhash Vidyarthi, J.)
1. Heard Sri Purnendu Chakravarty, the learned counsel for the applicant and Sri Anurag Kumar Singh, learned counsel for the C.B.I.
2. By means of the instant application filed under Section 528 of Bhartiya Nagrik Suraksha Sanhita (which will hereinafter be referred to as ‘ BNSS ’), the applicant has challenged the validity of an order dated 24.04.2025 passed by the Special Judge, CBI-5, Lucknow in Case No. 07/2012, arising out of F.I.R. No. RC0062010A0015, under Section 120-B I.P.C. read with Sections 420, 468, 471 and Section 13 (1) (d)/13(2) of the Prevention of Corruption Act, P.S. CBI/ACB, District Lucknow and has sought permission to tra
The right to travel abroad is not a fundamental right; denial for non-essential travel does not violate legal provisions.
The right to travel abroad is a fundamental aspect of personal liberty, protected by Article 21, and should only be restricted by lawful and just procedures.
The presumption of innocence guarantees an accused the right to travel abroad, contingent on judicial and procedural safeguards.
The right to travel abroad is a fundamental right under Article 21 of the Constitution, which cannot be curtailed by the pendency of departmental proceedings without due process.
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 liberty, and courts must balance this right with the necessity of the accused’s presence in trial proceedings.
The right to travel is a fundamental right under Article 21, and restrictions must be justified with substantial evidence.
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