PARK WOO YOUNG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the order dated 19.02.2011 passed by the learned Additional District & Sessions Judge (Fast Track) No.1, Kota, whereby the learned Judge rejected the petitioner's application for granting him permission to go back to Korea to meet his family for a period of one month, the petitioner has approached this Court.

(2.) THE brief facts of the case are that due to an unfortunate accident, which had taken place on the bridge built over the Chambal River, on 24.12.2009, a FIR, FIR No.434/2009 was registered at Police Station Kunhadi District Kota for offences under Section 304 Part II and 308 IPC. At the relevant time, the petitioner was working as a Planning-cum-Technical Manager, Chambal Bridge Project. Vide order dated 05.04.2010, although the learned Sessions Judge, Kota had granted bail to the petitioner, along with other co-accused persons, the learned Judge had directed that the petitioner could not leave India without the prior permission of the Court. Moreover, the petitioner was arrested, his passport issued by the Republic of Korea bearing No.R-0001632 was seized. According to the petitioner, he had come to India in September, 2009. His old parents, his wife and his daughter aged about two and half years, are residing in Seoul in South Korea. According to his working contract, he is permitted to visit his country for a period of one month every year. However, due to the fact that his passport has been seized, due to the fact that he needs the prior permission of the Court to leave India, he had applied for permission before the learned Judge. However, vide order dated 19.02.2011, the permission was declined. Hence, this petition before this Court.

(3.) THEREFORE, this Court directs that the petitioner be permitted to apply for his passport No.R-0001632 to be returned back to him, provided a certified copy of the passport is kept along with the charge-sheet. The petitioner is permitted to return back to Korea for a period of one month from the date of his departure from India. He shall not leave India prior to informing the Ambassador of Republic of Korea about the date of his leaving India .