C528/786/2025
2025 Latest Caselaw 2837 UK

Uttarakhand High Court

C528/786/2025 on 10 June, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

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         10.06.2025
                                           C528 No.786 of 2025
                                           Hon'ble Vivek Bharti Sharma, J.

Mr. Mani Kumar, learned counsel for the petitioner.

2. Mr. Deepak Bisht, learned Deputy Advocate General along with Mr. Sandeep Sharma, learned AGA and Mr. Prabhat Kandpal, learned Brief Holder for the State.

3. This C528 petition has been filed with the prayer to quash the order dated 15.05.2025 passed by learned Judicial Magistrate, Kiccha, District Udham Singh Nagar in Criminal Misc. Case No.93 of 2025, "State of Uttarakhand Vs. Madan Lal and Another" and judgment and order dated 31.05.2025 passed by learned Second Additional Sessions Judge, Udham Singh Nagar in Criminal Revision No.78 of 2025, "Praveen Kumar Chugh Vs. State of Uttarakhand" whereby the application for getting permission to visit abroad has been dismissed by the learned Court below and permit the petitioner to visit abroad i.e. Australia or else the petitioner will suffer irreparable loss.

4. Learned counsel for the State would raise strong objection to the present petition on the ground that at both the stages i.e. in the Trial Court and in the Revisional Court the petitioner /accused did not give the details that with whom his son to be engaged and on what date to be engaged; that, whether the lady is of Indian origin or an English lady; that, due to lack of this vital information this ground is fabricated.

5. Learned counsel for the State seeks two weeks time to file counter /reply to the petition.

6. At this stage, learned counsel for the petitioner/accused seeks permission to withdraw the present petition with liberty to file the appropriate application in the Trial Court.

7. Permission is granted.

8. In view of the above submission, the present petition is dismissed as withdrawn with liberty as prayed above.

(Vivek Bharti Sharma, J.) 10.06.2025 SS