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Himachal Pradesh High Court · body

2016 DIGILAW 595 (HP)

Harbir Singh v. State of Himachal Pradesh

2016-04-28

P.S.RANA

body2016
ORDER : P.S. Rana, J. Present petition is filed under Section 482 of the Code of Criminal Procedure 1973 for extension of time to stay abroad w.e.f. 25.4.2016 to 25.6.2016. 2. It is pleaded that permission was granted to Dr. Harbir Singh to travel abroad for two months vide order dated 24.2.2016 passed in Cr.MMO No. 194 of 2015 title Dr. Harbir Singh and another Vs. State of H.P. and others. It is further pleaded that condition of mother-in-law of petitioner is deteriorating day by day and presence of Dr. Harbir Singh is recommended as per medical report dated 31.3.2016 annexure A-3 placed on record. It is further pleaded that in foreign country facility of servant or helper is not available and only family members used to look after family members. It is further pleaded that State government has also moved application before learned trial Court at Nalagarh District Solan HP for withdrawal of case. Prayer for extension of time for two months sought w.e.f. 25.4.2016 to 25.6.2016. 3. Per contra response filed on behalf of non-petitioners. It is further pleaded that permission to withdraw present case from prosecution is granted and prosecution has filed application under Section 321 Cr.PC before the court of learned Additional Chief Judicial Magistrate Nalagarh for withdrawal of case. It is further pleaded that appropriate order be passed. 4. Court heard learned Advocate appearing on behalf of petitioner and learned Additional Advocate General appearing on behalf of non-petitioners and also perused entire record carefully. 5. Following points arise for determination in present petition. (1) Whether petition filed under Section 482 of the Code of Criminal Procedure 1973 is liable to be accepted as mentioned in memorandum of grounds of petition?. (2) Final Order. Findings upon point No.1 with reasons. 6. Submission of learned Advocate appearing on behalf of petitioner that presence of petitioner at abroad is essential is accepted for the reasons hereinafter mentioned. (2) Final Order. Findings upon point No.1 with reasons. 6. Submission of learned Advocate appearing on behalf of petitioner that presence of petitioner at abroad is essential is accepted for the reasons hereinafter mentioned. Investigating report under Section 173 code of criminal procedure filed against petitioner relating to FIR No. 46 of 2014 dated 9.3.2014 registered under sections 304-A, 336 and 201 IPC and Sections 25 and 27 of the Arms Act in police station Nalagarh District Solan H.P. Certificate has been issued by Anna Jaques Hospital 25 Highland Ave, Newburyport MA 01950 that patient Jane Brown who is the mother-in-law of petitioner is suffering from grade 3 adenocarcinoma of uterus and she is undergoing chemotherapy and internal radiation treatment. There is recital in certificate that progress is very poor with deteriorating medical status. There is recital in certificate that presence of family members especially qualified physicians like her son-in-law Dr. Harbir Sekhon is highly recommended for her medical care. It is well settled law that relatives are under moral obligation to give proper treatment to the relatives. In view of the certificate issued by Anna Jaques hospital placed on record court is of the opinion that it is expedient in the ends of justice to allow the petition. Point No.1 is answered in affirmative. Point No.2(Final Order). 7. In view of findings on point No.1 petition filed under Section 482 Cr.PC is allowed and petitioner is permitted to stay abroad till 25.6.2016 in the ends of justice. Application is disposed of.