CHANDRA BHAN SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) CHALLENGE herein is to the order passed on 31.3.2014 (Annexure P -1) by learned Judicial Magistrate 1st Class (V), Shimla declining thereby the permission sought by the accused -petitioner to leave India for Nigeria in connection with official duties.

(2.) THE petitioner is one of the accused in a case registered under Section 498A IPC, at the instance of his daughter -in -law Ms. Sunanda Mohan Sharma. The other accused in the case are Abhinav Sharma, husband of the complainant and Smt. Shobha Sharma, her mother -in -law. The accused petitioner has been ordered to be released on bail vide order dated 31.8.2013 Annexure P -7 (Colly.), subject to certain terms and conditions, including that, he shall not leave India without the prior permission of the Court.

(3.) THE permission as sought by filing application before learned Additional Sessions Judge was declined vide order dated 25th November, 2013, Annexure P -7 (Colly.) on the ground that after filing of the challan in the case, it is now the Magistrate concerned incharge of the case and he may approach for obtaining such permission by filing appropriate application in the trial Court. This has led in filing the application in the trial Court, which has been dismissed vide impugned order with the following observations: