Himachal Pradesh High Court

CRMMO/706/2019 on 30 December 2019

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CrMMO No. 706 of 2019 Decided on: December 30, 2019 ______________________________________________________________ Shyam Sunder Aggarwal

……...Petitioner

Versus

State of Himachal Pradesh

…Respondent ______________________________________________________________

Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting1? ____________________________________________________________ For the petitioner: Mr. Jagan Nath Sharma, Advocate.

For the respondent: Mr. Sudhir Bhatnagar and Mr. Anil Jaswal, Additional Advocates General. ______________________________________________________________ Sandeep Sharma, J. (Oral)

By way of present petition filed under S.482 CrPC, challenge has been laid to order dated 29.7.2019 passed by learned Additional Chief Judicial Magistrate, Kasauli, District Solan, Himachal Pradesh, whereby an application having been filed by the petitioner-accused (hereinafter, ‘accused’) for release of his passport enabling him to visit Singapore, came to be dismissed.

2. Careful perusal of aforesaid order passed by learned Court below reveals that since accused failed to furnish complete details with regard to his proposed visit to Singapore, prayer having been made by him for release of passport (Annexure P-2)

Whether reporters of the Local papers are allowed to see the judgment? . High Court of H.P. 2019:HHC:11344 ::: Downloaded on - 02/11/2026 06:42:48 :::CIS

- 2 - came to be rejected. Application (Annexure P-2) having been filed by the petitioner for release of passport suggests that accused intends to visit his daughter namely Vandana Aggarwal at Singapore, who lives there alongwith husband and minor daughter. Since son-in-law of the accused consistently travels abroad on account of his work, accused is required to go to Singapore to take care of his daughter and grand-daughter. There is no mention with regard to time schedule, within which accused intends to visit Singapore and return back, as such, there appears to be no illegality or infirmity in the order passed by learned Court below, as such, no interference is called for.

3. Consequently, in view of above petition is disposed of, reserving liberty to the accused to file a fresh application before learned trial Court, disclosing therein the time schedule as well as purpose of visit, within one week, enabling learned Court below to passed fresh orders within a period of one week, thereafter. This court hopes and trusts that learned Court below would do the needful well within time stipulated above, so that no undue harassment is caused to the accused. Pending applications, if any, stand disposed of. Copy dasti.

(Sandeep Sharma) Judge December 30, 2019 (Vikrant) High Court of H.P. 2019:HHC:11344 ::: Downloaded on - 02/11/2026 06:42:48 :::CIS

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