High Court of Punjab and HaryanaCRM-M/50262/2018allowed

Sanjay Dahuja v. Central Bureau Of Investigation, Sector 30, Chandigarh

2018-11-16Mr. Justice Gurmit Ram2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No. M-50262 of 2018 Date of decision: 16.11.2018 Sanjay Dahuja ..Petitioner

Versus

Central Bureau of Investigation ..Respondent

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

Present:

Mr. Sandeep Jasuja, Advocate for the petitioner.

Mr. Sumeet Goel, Standing counsel for the respondent-CBI.

*** Daya Chaudhary, J. (Oral) The prayer in the present petition is for extension of time to visit USA from 19.11.2018 to 01.12.2018 as the trial Court has allowed the petitioner to visit USA w.e.f. 19.11.2018 to 28.11.2018 as per prayer made in the prayer clause.

Learned counsel for the petitioner submits that inadvertently, it was mentioned in the prayer clause of the application that he may be allowed to visit USA w.e.f. 20.11.2018 to 28.11.2018 whereas in the body of the application, the prayer made was w.e.f. 20.11.2018 to 30.11.2018. Notice of motion was issued.

Mr. Sumeet Goel, Standing counsel for CBI submits that the application has rightly been declined by considering the prayer clause and moreover, the trial Court was not having power to review its own order. Heard arguments of learned counsel for the petitioner as well as NEETU RANI 2018.11.17 10:18 I attest to the accuracy and integrity of this document High Court Chandigarh

Criminal Misc. No. M-50262 of 2018 ......

Standing counsel for CBI.

On perusal of the application moved by the petitioner, it is apparent that in the body of the application, the time period to visit USA was mentioned as 20.11.2018 to 30.11.2018 but the time period mentioned in the prayer clause was 20.11.2018 to 28.11.2018 for which, he was allowed to visit by the trial Court. It is an inadvertent mistake on the part of the counsel, who has drafted the application or it might be a typographical mistake.

Accordingly, this petition is allowed and the petitioner is granted permission to visit USA from 19.11.2018 to 01.12.2018 on the same terms and conditions, which have been imposed by the trial Court, subject to payment of cost of `5000/- to be deposited before the trial Court. 16.11.2018 (DAYA CHAUDHARY) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable No NEETU RANI 2018.11.17 10:18 I attest to the accuracy and integrity of this document High Court Chandigarh