When a criminal case is committed from a Magistrate's court to a Sessions court, subsequent applications for extensions of travel permissions should be moved before the court currently seized of the matter.

THE ORDER DATED 23.03.2026 IN CMP 1/2026 IN CC NO.324 OF 2025 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,PALA

THIS CRIMINAL MISC. CASE HAVING BEEN FINLLY HEARD ON 02.07.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 2nd day of July, 2026

This Criminal Miscellaneous Case has been filed by the accused in Crime No.202/2025 of Pala Police Station challenging the order passed by the Judicial First Class Magistrate-I, Pala, rejecting his application seeking permission to remain abroad for a further period of one year.

2. When the matter was taken up today, the learned counsel for the petitioner submitted that, since the case has now been committed to the Court of Session, he intends to file an application before the Additional Sessions Court, Pala, seeking extension of the permission already granted to the petitioner to remain abroad.

3. A perusal of the records reveals that, while the case was pending before the Judicial First Class Magistrate-I, Pala, the learned Magistrate had granted permission to the petitioner to travel abroad and remain there for a period of one year with effect from 03.04.2025. The said order was passed in compliance with the direction issued by this Court in B.A. No. 2671/2025 dated 28.02.2025, which reads as follows:

"The petitioner shall not leave India without permission of the jurisdictional Court."

4. Upon the expiry of the aforesaid period, the petitioner filed a petition as CMP No. 1/2026 in C.C. No. 324/2025 before the Judicial First Class Magistrate-I, Pala, seeking extension of the permission to remain abroad. By order dated 23.03.2026, the learned Magistrate dismissed the application. Thereafter, having found that the offences alleged are exclusively triable by a Court of Session, the learned Magistrate committed the case to the Court of Session, Kottayam. The order rejecting the application for extension is under challenge in the present Criminal Miscellaneous Case.

5. It is submitted by the learned counsel for the petitioner that, after committal, the case is now pending as S.C. No. 162/2026 before the Additional Sessions Court, Pala. Since the petitioner proposes to move the said court by filing an appropriate application seeking extension of the permission to remain abroad, no further orders are required in the present proceedings. The challenge raised in this Criminal Miscellaneous Case has, therefore, become infructuous.

6. Accordingly, this Criminal Miscellaneous Case is disposed of, leaving it open to the petitioner to file an appropriate application before the learned Additional Sessions Judge, Pala, seeking extension of the permission to remain abroad. If such an application is filed, the learned Additional Sessions Judge shall consider and dispose of the same on its own merits, in accordance with law, as expeditiously as possible, at any rate, within five days from the date of its filing.