DALJIT SINGH PANDHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner by way of instant petition has impugned the order dtd. 6/9/2021 (Annexure P-6) vide which his application seeking permission to go to Canada for one year was dismissed by the trial Court.

(2.) Learned counsel for the petitioner inter alia contends that due to the pendency of a criminal case (FIR No.24 dtd. 5/3/2019 under Ss. 498-A and 406 IPC registered at Police Station Payal District Ludhiana) he has not only been unable to join his job at Canada but also has been unable to meet his family since December, 2018. While placing reliance upon the judgment of this Court in Arun Kapoor vs. State of Haryana, 2004(4) RCR (Crl) 594 and Anjal Kumar @ Angel Kumar vs. State of Punjab and another, 2010(1) RCR (Crl.) 201 learned counsel submits that it is a cardinal principal that every person is deemed to be innocent till proven guilty and thus, his fundamental right to travel abroad cannot be curtailed merely because of the pendency of a criminal case against him.

(3.) Heard learned counsel and perused the material available on record including the case laws on which he has placed reliance.