HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 5743/2021

Buddh Prakash Son Of Shri Madan Lal Kumawat, Resident Of

Village Lakkhipura, Police Station Dadiya, District Sikar (Raj).

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)

:

Mr. Sanjay Verma

For Respondent(s)

:

Mr. FR Meena, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/02/2022

By way of filing the instant miscellaneous petition, challenge

has been made to the order dated 07.09.2021 passed by learned

Special Judge, SC/ST (POA) Act Cases, Sikar, Rajasthan in special

Criminal regular case No. 271/2021 titled as State of Rajasthan v.

Buddh Prakash whereby the prayer made by the petitioner for

permitting him to go abroad has been declined.

It is revealing from the record that for the allegations of

committing offence under Sections 323, 341 & 504 IPC and

Section 3 of the SC/ST (POA) Act, prosecution has been launched

against the petitioner in which yet the charges have not been

framed. The petitioner is having a valid and effective passport.

Before the institution of this case also, he used to visit Sharjah for

the purpose of his business related matters. Now, because of the

pendency of the criminal case, he is not allowed to go abroad to

see his business affairs. The accused assures that after taking

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[CRLMP-5743/2021]

care of his business affairs, he will return back to the Country

within three months from the date of his departure.

Looking to the overall facts and circumstances of the case

more particularly the fact that prior to the institution of the

criminal case, the petitioner was having business affairs at

Sharjah, this Court is inclined to accede to the prayer made by the

accused-petitioner.

Accordingly, the instant miscellaneous petition is allowed.

The order dated 07.09.2021 passed by the learned Trial Court is

quashed and set aside and it is directed that the criminal trial

pending in the Court SC/ST (POA) Act Cases, Sikar, Rajasthan

shall not be an impediment in his visit to abroad provided the

parents of the petitioner shall furnish surety to the satisfaction of

the learned Trial Court for the petitioner that he will come back to

the Country within six months from the date of his departure.

Accordingly, the instant miscellaneous petition is disposed of.

(FARJAND ALI),J

SAHIL SONI /183