Rajasthan HC Permits Woman Booked In Criminal Case To Return Abroad For Studies, Prevent Revocation Of Her Daughter's Foreign Citizenship

Rajasthan High Court allowed the petition filed by a women accused in a Cheating case, seeking permission to get back her passport and return to Canada to finish her studies and also prevent the revocation of her daughter's Canadian citizenship for staying in another nation for more than 180 days.

The bench of Justice Farjand Ali was hearing the petition against the order of the Judicial Magistrate who had rejected the application of the petitioner seeking permission to go abroad and issuance of her passport.

The Petitioner was pursuing her studies in Canada where she also gave birth to a baby girl. Pursuant to tragic death of her husband in a car accident, she returned to her in-laws in India where she was abused. She filed an FIR against the in-laws and as a counter to that, her deceased husband's relatives filed a case against her under Section 420, IPC.

Owing to the FIR, her passport was cancelled, and she was unable to go back to Canada to finish her studies. An application was filed by her seeking permission to return to Canada for finishing her studies and also preventing her daughter's Canadian citizenship from getting revoked on the grounds of her staying in another country for more than 180 days. However, this application was rejected. Hence, a petition was moved before the Court.

It was argued by the counsel for the petitioner that she was not convicted but the matter was pending investigation. Also, she had immovable property in India and there was no chance of her absconding.

On the contrary, the Public Prosecutor submitted that if the petitioner was granted permission to visit abroad, it would hamper the investigation of the case and would make it difficult to apprehend her if the requirement arises.

Pursuant to hearing both the sides, the Court opined that the Petitioner was not convicted for the alleged crime and the investigation was still going on. Hence, at this stage it would not be justified to deny her permission to pursue her studies as her future prospects depend on it. The Court also took into account the fact that the failure on her part to return to Canada on time might result in revocation of her daughter's Canadian citizenship.

In this light, the Court held that the apprehension presented by the Public Prosecutor could be taken care of by imposing appropriate conditions on the Petitioner. Accordingly, the Court allowed the petition on the condition that both the parents of the petitioner furnish separate undertaking that the petitioner shall return to Indian after 6 months and in case she does not, both shall be liable to deposit Rs. 5 lakhs each.

Accordingly, the petition was allowed.

Title: Jasvindra Kaur v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 343

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