PARMINDER KAUR Vs. STATE OF U P

JUDGEMENT

(1.) IN this application under Section 482, Cr.P.C. to quash the further proceedings of Crl. Case No. 1434 of 2004 under Section 467, 468, 471 and 420, I.P.C., State v. Parminder Kaur, pending in the Court of the Chief Judicial Magistrate, Rampur, an application was moved on 1 -9 -2007 by Smt. Parminder Kaur for listing of the above case, in which a prayer was also made that at the time of grant of bail in the above case the Additional Sessions Judge, Fast Track Court No. 2, Rampur vide order dated 24 -12 -2003 had imposed condition upon her that she will give an undertaking that she would not go outside India during pendency of the criminal case against her and that she would deposit her passport within a period of seven days. It was stated in the application that her husband living in America is ill and so she has to go to America to look -after her ailing husband. It has also been suited that she is green card holder of America and this card is to be renewed by 15 -9 -2007. Therefore, she prayed that passport should be given to her and she should be permitted to leave the country for a period of three months.

(2.) HEARD learned Counsel for the applicant, learned A.G.A. for the State and the learned Counsel appearing on behalf of O.P. No. 2.

(3.) AFTER passing of the above order passport was given to the applicant and she went to America. She was scheduled to return back on 6 -8 -2004 on expiry of the period of two months. This period was, however, extended by three weeks. The extended period also expired on 27 -8 -2004. On this date also she did not appear and did not deposit her passport and then O.P. No. 2 moved an application for taking action against her. This application was disposed of by Hon'ble R.C. Deepak, J. on 23 -11 -2004 with the following observations :