Rajasthan High Court - Jodhpur
Mahendra Kumar vs State Of Rajasthan (2025:Rj-Jd:33164) on 28 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:33164]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3982/2025
Mahendra Kumar S/o Kanhiyalal Vishwakarma, Aged About 49
Years, R/o Purani Ginani Gatel House Ke Pass Bikaner Rajasthan
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Nadish Singhvi
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. R.S. Bhati, AGA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 28/07/2025 By way of filing the instant criminal misc. petition under Section 528 BNSS, the petitioner has prayed for the following reliefs:-
"It is therefore, most respectfully prayed that this petition may kindly be allowed and the Order dated 04-04- 2025 passed by the Additional Chief Judicial Magistrate Sangariya, District Hanumangarh, may kindly be set aside and permission to travel abroad to Singhapore be granted. ...."
2. Learned counsel for the petitioner submitted that the petitioner has been invited by M/s Hi- Ace Contract Services Pte LTD, BIIC 1013 # 06-134 Geylaug East Ave 3, Singapore for consultation and discussion with regard to its logistics projects. Learned counsel submitted that the petitioner has already been provided with a travelling VISA of Singapore by the aforementioned company.
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3. Drawing attention of the Court towards the documents attached with the case file, learned counsel submitted that the marriage of the petitioner was solemnized with Smt. Suman Lata in the year 2004. However, owing to some matrimonial disputes between the petitioner and his wife, she has lodged an FIR against him for the offences under Sections 498-A and 406 IPC about 20 years after the marriage. Learned counsel submitted that the permission sought by the petitioner from learned trial Court to travel abroad in connection with his work has been turned down without recording any valid reason. Learned counsel submitted that the petitioner in order to earn his livelihood ought to have been granted permission to travel to Singapore.
4. Learned counsel further submitted that the petitioner is ready and willing to fulfill all the conditions which may be imposed upon him by this Court or by the learned trial Court while grating him permission to visit the foreign country.
5. Heard learned counsel for the parties at Bar. Perused the material available on record.
6. Learned Public Prosecutor though supported the order passed by the learned trial Court on 04.04.2025 but he was not in a position to refute the fact that the petitioner has been invited by M/s Hi- Ace Contract Services Pte LTD, BIIC 1013 # 06-134 Geylaug East Ave 3, Singapore for consultation and discussion in relation to its logistics projects. Learned Public Prosecutor has not shown any apprehension of petitioner not returning to India if he is granted permission to travel abroad.
7. Having considered the rival submissions facts and circumstances of the case, this Court finds that the petitioner (Downloaded on 28/07/2025 at 09:45:53 PM) [2025:RJ-JD:33164] (3 of 3) [CRLMP-3982/2025] cannot be restrained from travelling abroad for earning his livelihood. The petitioner's career prospects cannot be jeopardized due to on going disputes/ or criminal case for the offences under Sections 498-A and 406 IPC.
8. In that view of the matter, the instant criminal misc. petition is allowed. The impugned order dated 04.04.2025 passed by the learned Additional Chief Judicial Magistrate Sangariya, District Hanumangarh is quashed and set aside and the petitioner is permitted to travel Singapore. The seized passport of the petitioner shall be released/ handed over to him forthwith
9. The petitioner shall furnish details of his travel plan as well as return to India before the learned trial Court either by himself or through his pleader.
10. The learned trial Court shall thereafter be at liberty to impose appropriate conditions for facilitating his further appearances before it.
(KULDEEP MATHUR),J 317-himanshu/-
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