Supreme Court Permits Appellant to Travel Abroad for Medical Treatment. Court grants travel permission for medical reasons with conditions on duration and itinerary submission.

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Case Note & Summary

The case involved an appeal concerning the appellant's request to travel abroad for the medical treatment of his daughter. The appellant sought permission from the Supreme Court, indicating the urgency and necessity of the travel for medical reasons. The court heard the arguments presented by both the appellant's and the respondent's counsel. After considering the circumstances, the court decided to grant permission for the appellant to travel abroad, stipulating that the stay outside India should not exceed two months. Additionally, the court required the appellant to provide his travel itinerary to the court and the U.K. High Commission prior to departure. The court concluded that the appellant's request was reasonable given the medical needs of his daughter and disposed of the Criminal Miscellaneous Petition accordingly.

Headnote

A) Criminal Procedure - Travel Permission - Conditions for Travel - Code of Criminal Procedure, 1973, Section Not mentioned - Court permitted the appellant to travel abroad for medical treatment of his daughter, subject to conditions including a maximum stay of two months and furnishing an itinerary. Held that the appellant's travel was justified under the circumstances (Paras Not mentioned).

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Issue of Consideration

Whether the appellant should be permitted to travel abroad for medical treatment of his daughter.

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Final Decision

The court permitted the appellant to travel abroad for a maximum period of two months for medical treatment, with conditions to furnish an itinerary.

Law Points

  • Travel permission
  • medical treatment
  • conditions for travel
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Case Details

2011 LawText (SC) (08) 113

Crl.A. No. 1353 of 2011

2011-08-19

Harjit Singh Bedi, Gyan Sudha Misra

Kamini Jaiswal, Divyesh Pratap Singh, A. Mariarputham, Tufail A Khan, Anirudh Sharma, R.K. Tanwar, Arvind Kumar Sharma

Ketan V. Parekh

C.B.I.

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Nature of Litigation

Request for permission to travel abroad for medical treatment.

Remedy Sought

Appellant sought permission to travel abroad.

Filing Reason

Need for medical treatment of the appellant's daughter.

Issues

Whether the appellant should be permitted to travel abroad for medical treatment.

Submissions/Arguments

Appellant's counsel argued for the necessity of travel for medical reasons. Respondent's counsel did not oppose the travel but may have raised conditions.

Ratio Decidendi

The court recognized the necessity of medical treatment as a valid reason for granting travel permission, subject to reasonable conditions.

Judgment Excerpts

Court permitted the appellant to go abroad for the medical treatment of his daughter. The appellant will also furnish his itinerary in this Court as also to the the U.K. High Commission before his departure from India.

Procedural History

The appeal was called for hearing, and the court considered the submissions of both parties before making its order.

Acts & Sections

  • Code of Criminal Procedure:
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