VIJAY KUMAR MUNDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 read with Sec. 401 of Criminal Procedure Code, 1973 (herein after referred to as "the Code") has been filed by the petitioner against order dtd. 23/2/2023 (Annexure P/03) passed in Criminal Revision No.17/2023 by the learned Fifth Additional Sessions Judge, Dr. Ambedkar Nagar, District Indore (MP), whereby the learned Additional Sessions Judge has refused to grant permission to the petitioner to travel abroad along with family members for seven days from 7/3/2023 to 13/3/2023.

(2.) Learned counsel for the petitioner submits that the petitioner is the owner of the Petrol Pump. There is no allegation of embezzlement of crores of rupees; and the trial is pending against the petitioner only for alleged offence punishable under Ss. 420 and 120-B of the Indian Penal Code, 1860 and also under Sec. 3 read with Sec. 7 of the Essential Commodities Act, 1955. He has also produced / enclosed return air tickets also along with the present petition.

(3.) Learned counsel appearing for the petitioner further submits that the proceedings of the trial Court has been stayed by the Apex Court vide order dtd. 10/2/2023 (Annexure P/05) in Petition for Special Leave to Appeal (Criminal) No.1562/2023 (Suresh and others v. The State of Madhya Pradesh) [Arising out of impugned final judgment and order dtd. 9/12/2022 in MCRC No.22379/2022 passed by the High Court of MP at Indore]. The petitioner is already on bail and has never misused the liberty extended to him. Under these facts and circumstances, learned counsel prays that the present petition be allowed and the petitioner be permitted to travel abroad.