Ashish Dua v. State Of Haryana

CRM No.M-7407 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 7407 of 2017(O&M) Date of Decision: March 17 , 2017.

Ashish Dua ...... PETITIONER (s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Sandeep Kotla, Advocate for the petitioner.

***** LISA GILL, J.

Prayer in this petition is for quashing order dated 09.02.2017 passed by the learned Additional Chief Judicial Magistrate, Panipat in FIR No.262 dated 16.03.2016 under Sections 341/354/506 IPC Police Station Chandnigagh, District Panipat.

At the very outset, it is stated by learned counsel for the petitioner that he confines his prayer for permission to visit Italy for ten days in relation to his business. It is submitted that the petitioner undertakes to be present on the next date of hearing i.e. 28.07.2017 before the learned trial court. It is further submitted that the petitioner is ready and willing to deposit adequate security/ surety to show his bonafides.

A perusal of the impugned order reveals that no such prayer giving the specific details/dates or duration of the visit was addressed by the petitioner Omkar Singh 2017.03.18 13:22 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-7407 of 2017 [2] before the learned Additional Chief Judicial Magistrate, Panipat. The application on which the impugned order dated 09.02.2017 was passed by the learned Additional Chief Judicial Magistrate also does not indicate any such prayer. The prayer in the said application is for release of petitioner's passport. In this view of the matter but without expressing any opinion on merits of the case, this petition is disposed of with liberty to the petitioner to approach the learned trial court seeking permission to visit Italy for a limited/ specific period of ten days for business purposes. In case such an application is moved within one week from today, the learned trial court shall consider and decide the same in accordance with law.

( LISA GILL ) March 17 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.03.18 13:22 I attest to the accuracy and authenticity of this document Chandigarh