Ishar Singh .....Petitioner versus State of Punjab and another ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Jasdeep Singh Gill, Senior Advocate with Mr. Jaswinder Singh Rana, Advocate for the petitioner.

Mr. K.D. Sachdeva, DAG, Punjab.

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RAJESH BHARDWAJ , J. (Oral)

1. Prayer in the present petition is for quashing of order dated 13.02.2026 passed by learned Sessions Judge, Moga in FIR No.127 dated 12.12.2022, under Sections 307, 324, 506, 148, 149 of IPC, registered at Police Station Mehna, District Moga, vide which, an application seeking permission to go to United States of America, was dismissed.

2. It has been submitted by Senior counsel for the petitioner that the petitioner has been falsely and frivolously implicated in the abovesaid FIR. He submits that the petitioner was prosecuted in FIR No.127 dated 12.12.2022, under Sections 307, 324, 506, 148, 149 of IPC, however during investigation, he was declared innocent. He submits that later on, the petitioner has been summoned under Section 319 Cr.P.C. He submits that the petitioner is a permanent resident of United States of America, where his family and business are based and his physical presence is essential for managing his business affairs and fulfilling statutory obligations. It is submitted that in these circumstances, visit of the application before learned Additional Sessions Judge, Moga seeking permission to travel abroad. However, the application has been rejected by learned Additional Sessions Judge vide impugned order dated 13.02.2026. It is submitted that the application filed by the petitioner was rejected on the ground that if permission is granted then there is every apprehension that he will misuse the concession or will not return back. It is submitted that the petitioner is ready to abide by the terms and conditions as imposed by this Court. He has further submitted that the petitioner has been prosecuted in a case, which is basically of civil nature, thus, right of the petitioner to travel abroad cannot be curtailed simply due to the pendency of the criminal case. He thus submits that the petitioner be granted permission to travel United States of America for a period of six months. He has submitted that the petitioner undertakes that he will come back to India to attend the Court as and when called and he is ready to abide and comply with the order of this Court and to furnish surety bonds or any other condition as ordered by this Court. He has submitted that the petitioner undertakes that any proceedings before the learned trial Court during the absence of the petitioner and in the presence of his lawyer shall bound the petitioner as if the petitioner was present there. He thus, prays that the order dated 13.02.2026 may kindly be set aside/quashed and the petitioner be permitted to go abroad during the pendency of the trial.

6. Reply by way of affidavit of Mr. Jasvarinder Singh, PPS, Deputy Superintendent of Police, Dharamkot, District Moga, filed by learned State counsel, is taken on record.

7. Learned State counsel has vehemently opposed the that the petitioner has planned for the commission of offence as mentioned in the FIR and the learned trial Court vide its order dated 14.07.2025 summoned the accused/petitioner under Section 319 Cr.P.C. as an accused for facing the trial. He has submitted that the trial of the present case is going on and there are chances that the petitioner would misuse the concession given and would not return to India. He has submitted that the petitioner has committed serious offence, thus, the present petition being devoid of any merit, deserves to be dismissed.

8. Heard. After hearing counsel for the parties and perusing the record, it is apparent that the petitioner was prosecuted in the above- mentioned FIR in which he was declared innocent. Thereafter, the learned Magistrate summoned the petitioner under Section 319 Cr.P.C. The petitioner filed an application before the learned trial Cour