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Jaspal Singh Kaural vs The State Of Govt. Of Nct Of Delhi & Anr on 31 March, 2022

Author: Asha Menon

Bench: Asha Menon

                          $~28
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C.1678/2021, Crl.M.A.5651/2022
                                 JASPAL SINGH KAURAL                             .... Petitioner
                                               Through:          Mr.Shekhar Nanavaty, Advocate

                                                    versus

                                 THE STATE OF GOVT. OF NCT OF DELHI & ANR.
                                                                            .....Respondents
                                               Through: Mr.Mukesh Kumar, APP for State
                                                        with W/SI Sunita Kumari
                                                        Mr.Mukesh Kumar, Advocate for
                                                        complainant
                                 CORAM:
                                 HON'BLE MS. JUSTICE ASHA MENON
                                              ORDER

% 31.03.2022 The matter has been received on transfer.

1. The application has been filed by the applicant seeking permission to travel abroad.

2. Mr.Shekhar Nanavaty, learned counsel for the applicant, submits that now that the applicant has complied with the directions of this court to join the investigations, which he did on 20th March, 2022, the applicant ought to be allowed to leave the country, as he has permanent residency in Canada where his seven years' old daughter is residing, apparently all by herself for all this while.

3. Considering the fact that the very same order dated 3rd March, 2022, also records that the non-bailable warrants had to be issued against the applicant, would show that despite being in India, he was not forthcoming to join investigations. Learned counsel draws attention of this Court to Annexure A-1 to this application, which is an order passed by the learned Metropolitan Magistrate-03, Patiala House Courts, New Delhi, dated 25th March, 2022, to submit that the learned MM having been satisfied with the participation of the applicant in investigation, has withdrawn the process issued under Section 82 of Cr.P.C. It is submitted that since the learned MM has been satisfied that there was no likelihood of absconding, the applicant should be permitted to leave the country.

4. Mr.Mukesh Gupta, learned APP for respondent/State, opposes the application.

5. Having considered the conduct of the applicant, particularly his reluctance to join the investigation, and further to even force the State to commence proceedings under Section 82 Cr.P.C., and having joined the investigation only on account of the directions issued by this court on 3 rd March, 2020, this Court does not find any justification in permitting him to leave the country at this initial stage of investigations.

6. The application is accordingly dismissed.

7. List on 28th April, 2022, i.e., the date already fixed.

8. The order be uploaded on the website forthwith.

ASHA MENON, J MARCH 31, 2022/s CRL.M.C.1678/2021 Page 2 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:31.03.2022 18:02:45