Back
VIVEK RUSIA
Vijay Kumar Mundra – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vivek Rusia, J. - This petition under Section 482 read with Section 401 of Criminal Procedure Code, 1973 (herein after referred to as âthe Codeâ) has been filed by the petitioner against order dated 23.02.2023 (Annexure P/03) passed in Criminal Revision No.17/2023 by the learned Fifth Additional Sessions Judge, Dr. Ambedkar Nagar, District Indore (MP), whereby the learned Additional Sessions Judge has refused to grant permission to the petitioner to travel abroad along with family members for seven days from 07.03.2023 to 13.03.2023.
2. Learned counsel for the petitioner submits that the petitioner is the owner of the Petrol Pump. There is no allegation of embezzlement of crores of rupees; and the trial is pending against the petitioner only for alleged offence punishable under Sections 420 and 120-B of the Indian Penal Code, 1860 and also under Section 3 read with Section 7 of the Essential Commodities Act, 1955. He has also produced / enclosed return air tickets also along with the present petition.
3. Learned counsel appearing for the petitioner further submits that the proceedings of the trial Court has been stayed by the Apex Court vide order dated 10.02.2023 (Annexure P
The court has the discretion to grant permission for travel abroad while facing trial, and may impose conditions to ensure the petitioner's return.
Expression “personal liberty” under Article 21 of Constitution of India has a wider amplitude which includes right to go abroad. A person cannot be deprived to this right except in accordance with pr....
A person facing criminal trial has a fundamental right to travel abroad which cannot be denied by imposing unreasonable restrictions, though appropriate conditions can be imposed to ensure trial proc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
