Rajasthan High Court Allows Woman Charged With Fraud to Go to Canada for Studies and Prevent Her Daughter’s Citizenship from Being Revoked.
The Rajasthan High Court has permitted a woman, who is facing charges of cheating, forgery, and criminal breach of trust, to return to Canada for six months to continue her studies and protect her daughter’s citizenship. The woman filed a criminal miscellaneous petition to challenge a decision by the Judicial Magistrate that denied her request to travel abroad and obtain her passport. Justice Farjand Ali, on the Single-Judge Bench, stated that the concerns raised by the Public Prosecutor could be addressed by setting appropriate conditions for the petitioner. Advocate Jaipal Singh represented the woman, while Additional GA Sriram Choudhary represented the State.
The petitioner was charged under several sections of the IPC, including 420, 406, 467, 468, 470, 384, and 120-B. She had applied to the Judicial Magistrate after securing admission to a BBA program at a Canadian university on a three-year study visa. While in Canada, she gave birth to a daughter, who is a Canadian citizen. After her husband died in a car accident, she returned to her in-laws’ home with her child, where she faced abuse. She filed an FIR against her in-laws, but they retaliated with another FIR against her, leading to the cancellation of her passport and preventing her from returning to Canada for her studies.
The petitioner argued that if her daughter remained in another country for over 180 days, she would lose her Canadian citizenship according to current Canadian laws. Therefore, she requested a passport and permission to travel to Canada for her studies. The court noted that the petitioner wanted to study for a BBA, for which she had already enrolled, and since she had not been convicted yet as the investigation was ongoing, the court stated, “At this point, it would be unfair to deny her the chance to study, as her future relies on it.” The court also recognized that the petitioner’s daughter might lose her citizenship if she did not return to Canada on time. The concerns raised by the Public Prosecutor could be addressed by setting specific conditions for the petitioner, the court concluded.
Consequently, the court approved the Criminal Petition, ordering that the petitioner be granted a passport and allowed to leave India for six months to continue her studies. However, the court required the petitioner’s mother to provide separate guarantees to ensure that the petitioner would return to India after six months. If she failed to do so, both would be responsible for paying Rs.5,00,000 to the court.
Cause Title: Jasvindra Kaur v. State Of Rajasthan [2024:RJ-JD:45692]
Appearance:
Petitioner: Advocate Jaipal Singh
Respondent: Additional GA Sriram Choudhary
