Rajasthan HC Permits Woman Accused Of Cheating To Travel To Canada To Pursue Studies & Avoid Revocation Of Daughter’s Citizenship
The Rajasthan High Court has allowed a woman, booked in a case of cheating, forgery & criminal breach of trust, to return to Canada for 6 months to pursue her studies and avoid revocation of her daughter’s citizenship.
The petitioner approached the High Court by filing a criminal miscellaneous petition against an Order of the Judicial Magistrate whereby the application filed by the petitioner for grant of permission to go abroad and issuance of her passport had been rejected.
The Single-Judge Bench of Justice Farjand Ali said, “The apprehension raised by the learned Public Prosecutor can be taken care of by imposing appropriate conditions upon the petitioner.”
Advocate Jaipal Singh represented the Petitioner while Additional GA Sriram Choudhary represented the Respondent-State.
In this case, an FIR was registered against the petitioner under Sections 420, 406, 467, 468, 470, 384 and 120-B IPC. She had preferred an application before the Judicial Magistrate stating that she had taken admission in a University in Canada for pursuing BBA course. She had gone on a three years' study visa. During her stay in Canada she gave birth to a girl child, who is a citizen of Canada by birth. Since her husband died in a road accident, she came to her in-laws' house with her daughter, where she suffered beating and abuse at the hands of her matrimonial relatives.
She lodged an FIR against them and as a counterblast of her FIR, her matrimonial relatives lodged another FIR against her due to which her passport was cancelled and she was unable to go to Canada for pursuing the course.
It was the petitioner’s case that if her daughter stayed in another country for more than 180 days, her citizenship of Canada shall be revoked as per the prevalent rules in Canada. Thus, she prayed for issuance of passport and grant of permission to go to Canada for study purpose.
Noting the fact that the petitioner was seeking permission to visit Canada for pursuing study of BBA course, in which she had taken admission and she had also not been convicted as the investigation was still going on, the Bench said, “At this stage, it would not be justified to deny her permission to pursue studies as her future prospects depends upon it.”
“This court is also conscious of the fact that the petitioner's daughter may lose her citizenship in case she does not go back to Canada in time. The apprehension raised by the learned Public Prosecutor can be taken care of by imposing appropriate conditions upon the petitioner”, the Bench held.
Thus, allowing the Criminal Petition, the Bench ordered that the petitioner would be issued a passport and allowed to leave India for a period of six months for pursuing her studies. However, the Bench put up a condition that mother of the petitioner shall furnish separate undertakings before the court to the effect that the petitioner shall return to India upon expiry of a period of six months from the date of leaving India and if she does not return, each of them shall be liable to deposit Rs.5,00,000 with the court below separately.
Cause Title: Jasvindra Kaur v. State Of Rajasthan [2024:RJ-JD:45692]
Appearance:
Petitioner: Advocate Jaipal Singh
Respondent: Additional GA Sriram Choudhary