BRIAN HAROLD BRODERICK JENKINS Vs. UNION OF INDIA; SECRETARY TO GOVERNMENT; DISTRICT COLLECTOR; SUPERINTENDENT OF POLICE; INSPECTOR OF POLICE

JUDGEMENT

(1.) The founder / the Principal of Sholai School located at Pethuparai, Kodaikanal, a National of UK, requested for a "Return Visa" for the purpose of enabling him to complete the formalities of transferring the properties given to him by his late mother through a Will.

(2.) The 4th respondent herein, namely, the Superintendent of Police, Dindigul District did not recommend the grant of visa on the ground that the presence of the petitioner is required to face the trial in Crime No.35 of 2009 under Sections 120(b), 465, 467, 468, 471 and 420 IPC. Accepting the same reasoning, the 3rd respondent, namely, the District Collector, Dindigul also did not recommend for the grant of visa. That compelled the petitioner to come before this Court, seeking directions to the 2nd and 3rd respondents to consider the petitioner's request for grant of "Return Visa".

(3.) Learned counsel for the petitioner would submit that the petitioner had been granted "Return Visa" on earlier occasions and the petitioner herein had complied with the conditions imposed and there is no reason as to why the permission was denied this time. Admittedly, as the crime number itself indicates that there had been cases pending against him on earlier years also, during which time, permission has been granted.