Rajasthan HC allows woman facing criminal case to return abroad for studies to avoid revocation of daughter’s foreign citizenship

High Court of Rajasthan allowed the petition filed by a woman accused in a fraud case, in which she requested permission to regain her passport and return to Canada to complete her studies and also for the revocation of her Canadian citizenship daughter because she had stayed in another country for more than 180 days.

The bank of Judge Farjand Ali heard the petition against the order of the Judicial Magistrate, who had rejected the petitioner’s request for permission to go abroad and the issuance of her passport.

The petitioner continued her studies in Canada, where she also gave birth to a daughter. After the tragic death of her husband in a car accident, she returned to her in-laws in India, where she was abused. She filed an FIR against the in-laws and to counter that, her late husband’s relatives filed a case against her under Section 420, IPC.

As a result of the FIR, her passport was revoked and she could not return to Canada to complete her studies. An application was filed by her seeking permission to return to Canada to complete her studies and to prevent the revocation of her daughter’s Canadian citizenship on the grounds of a stay of more than 180 days in another country . However, this application was rejected. Therefore, a petition was filed with the court.

The petitioner’s counsel submitted that she has not been convicted but the case is still pending. Moreover, she had real estate in India and there was no chance of her absconding.

On the contrary, the prosecutor stated that if the petitioner were allowed to go abroad, it would hinder the investigation of the case and make it difficult to arrest her if the requirement arises.

After hearing both sides, the Court ruled that the petitioner had not been convicted of the alleged crime and that the investigation was still ongoing. Therefore, it would not be justified at this stage to deny her permission to continue her studies as her future prospects depend on it. The Court also took into account the fact that her inability to return to Canada on time could result in the revocation of her daughter’s Canadian citizenship.

In this light, the court is of the opinion that the arrest of the public prosecutor can be overcome by imposing appropriate conditions on the applicant. Accordingly, the Court granted the petition on the condition that both parents of the petitioner make a separate declaration that the petitioner will return to India after six months and if she fails to do so, both will be liable to deposit Rs. 5 lakh each.

On that basis the request was granted.

Title: Jasvindra Kaur v State of Rajasthan

Visa: 2024 LiveLaw (Raj) 343

Click here to read/download the order