Jaipur: Rajasthan High Court has permitted three members of a Bikaner family, including an elderly couple, facing a criminal case and Look Out Circulars, to travel to the United States for up to four months to be with their son who is scheduled to undergo surgery.
The court directed that the family’s foreign visit must not exceed four months from immigration check-out
A single-judge bench of Justice Farjand Ali of the Jodhpur bench passed the order on Sept 29, quashing the Aug 7 order of Additional Chief Judicial Magistrate No. 4, Bikaner, which had rejected their plea for foreign travel and maintained the Look Out Circulars. The copy of the order was uploaded Tuesday.The petition was filed by Mahesh Kumar Gupta (65), his wife Chanda Gupta (56) and their son Vinayak Gupta (30). A case was registered at Gangashahar police station, Bikaner, against them for fraud and cheating under sections of Bharatiya Nyaya Sanhita.The petitioners stated that alleged irregularities in business transactions are already under challenge before the HC. The petitioners have interim protection against arrest in the case.In this petition, the family had sought temporary permission to travel to the US, placing medical documents, passports and confirmed travel itineraries before the court. The trial court had rejected their plea, citing the pending investigation and apprehension that they could leave India to evade the legal process.Counsel for the petitioners Rajesh Saharan said, “We sought temporary permission to travel abroad, subject to conditions imposed by the court.”The HC observed that the investigation could continue independently and no specific necessity for the petitioners’ physical presence during the investigation had been demonstrated.The court rejected the argument that the son’s medical condition did not warrant the parents’ presence merely because the medical advice was on an OPD basis.The court directed that the family’s foreign visit must not exceed four months from immigration check-out. It directed Ministry of External Affairs, immigration and police authorities not to obstruct their travel and said any Look Out Circulars issued against them should not be effectuated to prevent their departure abroad.
