High Court of Punjab and HaryanaCRM-M/50994/2024disposed of

Darpan Bansal v. State Of Punjab

2024-10-18Ms. Justice Harpreet Kaur Jeewan2 pages

CRM-M-50994-2024 Sr. No.127

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-50994-2024 Date of decision: 18th October 2024 DARPAN BANSAL ........Petitioner versus STATE OF PUNJAB .......Respondent

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Kshitij Sharma, Advocate for the petitioner.

Ms. Himani Arora, AAG, Punjab.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

Prayer in the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of permission to visit abroad by way of impugning the order dated 04.10.2024, passed by the learned Additional Sessions Judge-cum-FTC (POCSO Act), Jalandhar (Annexure P-1), during the pendency of FIR No.147 dated 01.12.2023, under Sections 376, 506, 315 read with Section 34 IPC and Sections 3, 4 of Protection of Children from Sexual Offences Act, 2012 (Sections 201, 376(3), 120-B IPC and Sections 6, 17 POCSO Act, added later on), registered at Police Station Nakodar, District Jalandhar. 2.

Learned counsel for the petitioner submits that the petitioner intends to visit Thailand including Phuket and Bangkok from 20.10.2024 to 26.10.2024 for a family vacation. An affidavit duly executed by the petitioner-Darpan Bansal has been filed giving details of the places of his visit, which is taken on record as Annexure P-7. It is further submitted that the petitioner wants to visit in terms of the air tickets and the hotel vouchers (Annexure P-6). 3.

Notice of motion.

SIMRANDEEP KAUR 2024.10.19 14:38 I attest to the accuracy and integrity of this order/judgment.

CRM-M-50994-2024 4.

Ms. Himani Arora, AAG, Punjab, accepts notice on behalf of respondent-State of Punjab and submits that she has no objection regarding the acceptance of the present petition.

Keeping in view the fact that the petitioner has a fixed place of residence in India and he intends to go for a short trip with his family, the petitioner is able to make out a case for grant of permission to go to Thailand including Phuket and Bangkok.

Consequently, the present petition is allowed and impugned order dated 04.10.2024, passed by the learned Additional Sessions Judge-cum-FTC (POCSO Act), Jalandhar, is set aside. The petitioner is permitted to visit Thailand, Phuket and Bangkok from 20.10.2024 to 28.10.2024, subject to his furnishing adequate bonds to the satisfaction of the trial Court and also subject to furnishing an undertaking by the petitioner that he would return back to India on 28.10.2024. List of all the properties owned by the petitioner be also submitted before the trial Court.

Pending miscellaneous applications, if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE 18th October 2024 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2024.10.19 14:38 I attest to the accuracy and integrity of this order/judgment.