SARTHAK TANDAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the present petition filed under Sec. 482 Cr.P.C. the petitioner seeks quashing of order dtd. 25/8/2022 passed by the Chief Judicial Magistrate, Hoshiarpur (for short - the Magistrate) through which the petitioner, who is an accused in FIR No.41 dtd. 11/3/2021 registered under Ss. 498-A, 406 and 420 IPC at Police Station Model Town, Hoshiarpur, has been denied permission to go to the United States of America (for short, the USA) for taking part in a training programme to be held between 3/10/2022 and 5/10/2022.

(2.) The petitioner and respondent No.2 got married on 10/11/2019.

(3.) Investigations were conducted by the investigating agency in the aforesaid FIR and when the same were complete they filed a report under Sec. 173 Cr.P.C. before the competent Court seeking therein to prosecute the petitioner under Ss. 498-A, 406 and 420 IPC. On the basis of such report the Trial Court framed charges against the petitioner and it is at that stage that he filed an application before the Magistrate seeking therein permission to go to the USA in the first week of October 2022 to attend CyberKnife CNS and Physician Training Programme (for short - the Programme) to be conducted from 3/10/2022 till 5/10/2022 at Madison W.I. (USA). Such permission was sought on the ground that he was a qualified doctor and was presently serving as a Consultant at the Rajiv Gandhi Cancer Institute and Research Centre, Rohini, New Delhi and due to the nature of his job he needed to attend the aforesaid training programme which has also been made compulsory by his employer. Through the impugned order the Magistrate denied the sought permission on the ground that no document had been placed on the record showing that the training programme which the petitioner seeks to attend has been sponsored by his employer and that in his application the petitioner had not given any no objection that in his absence evidence in his trial be led.