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2025 DAILYLAW 31783 (HP)

AMIT LAKHANI v. STATE OF HP

CRMP/4219/2025 · 2025-10-17

Rakesh Kainthla

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP No. 4219 of 2025 in Cr.MP(M) No. 2380 of 2023 Reserved on : 15.10.2025. Date of Decision:17.10.2025. Dr. Amit Lakhani ...Petitioner Versus State of Himachal Pradesh ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioner : Ms. Ragini Dogra, Advocate. For the Respondent/State : Mr. Jitender Sharma, Additional Advocate General. Rakesh Kainthla, Judge: Cr.MP No. 4219 of 2025 The present application has been filed for seeking permission for travelling abroad to attend ‘2025 Annual Meeting of AAHKS’ and ‘2025 AANA International Scholarship’ conducted by the Arthroscopy Association of North America (ANNA) Education Foundation from 20.10.2025 till 30.10.2025. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2. It has been asserted that the petitioner was named as accused in F.I.R. No. 129 of 2023, dated 12.09.2023, registered for the commission of offences punishable under Sections 498A, 406, 323, 504, 506, 469 and 120B read with Section 34 of IPC at Police Station Nahan, District Sirmour, H.P. The petitioner had applied for pre-arrest bail, which was allowed. The Court imposed a condition that petitioner would not leave India without prior permission of the Court. The petitioner had applied for one scholarship programme onducted by the Arthroscopy Association of North America (ANNA) Education Foundation and another for ‘2025 AAHKS Annual Meeting’ conducted by American Association of Hip and Knee Surgeons (AAHKS), which was granted. The petitioner has to attend the scholarship programme in October, 2025 and December, 2025. Hence, the present application for seeking permission to leave India w.e.f. 20.10.2025 till 30.10.2025 for attending the scholarship programmes. 3. The petition is opposed by the State by filing a reply making submission regarding lack of maintainability. It is asserted that sufficient material exists against the petitioner and charge sheet has been filed before the Court. The petitioner 3 would abscond and his absence would result procedural delay. Hence, it was prayed that the present application be dismissed. 4. I have heard Ms. Ragini Dogra, learned counsel for the petitioner and Mr. Jitender K. Sharma, learned Additional Advocate General for the respondent/State. 5. The plea of the petitioner is that scholarship was granted to him, which is duly supported by a printout of the an email (Annexure A-3). The Skills Training Lab Course are scheduled in October 2025. The Court had earlier granted permission to the petitioner to travel abroad and the petitioner had returned to India. Therefore, there is no reason to believe at this stage, that the petitioner would not return to India. 6. The State has raised an objection that absence of the petitioner would lead to the procedural delay, however, this can be removed by imposing conditions but is not sufficient to deny the permission. 7. Consequently, the present application is allowed and the petitioner is allowed to travel abroad to attend AAHKS’ conducted by the Arthroscopy Association of North America (ANNA) Education Foundation and 2025 Annual meeting of AAHKS conducted by American Association of Hip and Knee 4 Surgons w.e.f. 20.10.2025 till 30.10.2025 subject to his furnishing personal bond in the sum of ₹1,00,000/- with two sureties in the like amount to the satisfaction of the learned Trial Court, with an undertaking that the petitioner shall report to Police Station Nahan, District Simrour, H.P. on 01.11.2025. 8. Further, in case the trial before the learned Trial Court is scheduled to be held against him during this period, he shall seek an exemption from the learned Trial Court and shall not dispute his identity or will not seek an adjournment on the ground that he has visited United States of America. The petition stands disposed of. (Rakesh Kainthla) Judge 17th October, 2025. (ravinder)