Neutral Citation No. - 2025:AHC:91613 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 19381 of 2025 Applicant :- Ms. Colleen Patrice Lynch Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghav Dev Garg,Sr. Advocate,Yashvi Agarwal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Anurag Khanna, learned Senior Counsel assisted by Sri Raghav Dev Garg and Ms. Yashvi Agarwal, learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing the order dated 29.04.2025 passed by learned Chief Judicial Magistrate, Maharajganj arising out of Case Crime No.119 of 2023, under section 14 of The Foreigners Act, 1946 and section 467 of I.P.C., P.S. Sonauli, District- Maharajganj and further prayer has been made for granting permission to the applicant to travel to United States of America from 1st June of 30th July. 3. It is the case of applicant that she had been falsely implicated in pursuance to section 14 of The Foreigners Act, 1946 and section 467 of I.P.C. with an allegation that she was attempting to cross into Nepal from India using a forged Aadhaar card, whereas the applicant being American citizen is having passport along with Indian visa bearing no. 900AFD28N issued on 10.03.2023 and valid till 10.03.2028, but while approaching to Nepal she was taken into custody for allegedly entering India illegally. 4. Pursuant to the registration of F.I.R., applicant was arrested and was sent to judicial custody; learned Special Judge, SC/ST Act, Maharajganj extended regular bail in favour of applicant vide order dated 29.08.2023; after conducting detail investigation concerned investigating officer preferred charge-sheet before learned trial court on dated 30.06.2024 under section 14 of The Foreigners Act, 1946 and section 467 of I.P.C., thereafter trial has been proceeded against the applicant. 5. The applicant filed an application before learned Chief Judicial Magistrate, Maharajganj seeking permission to travel to her homeland at United States of America on account of visiting her ailing grandmother, who was undergoing treatment under a hospice care for a life-limiting diagnosis, which was substantiated with the letters issued by Medical Director and the Executive Director, who were treating the grandmother of applicant; learned Chief Judicial Magistrate, Maharajganj thereafter sought response from the prosecution through which it has been submitted by prosecution that applicant being criminal and there is high possibility for not returning from United States of America and as such the prayer submitted by applicant has been vehemently denied by the prosecution. After considering the submissions extended by the prosecution, application preferred by the applicant for attending her ailing grandmother has been dismissed vide order dated 29.04.2025. 6. After passing of the order which is under challenge, the grandmother of applicant expired on 19.05.2025, which has been substantiated with the death certificate appended to the affidavit filed in support of instant application available at page-92. 7. While challenging the order dated 29.04.2025, learned Senior Counsel for the applicant relied upon the judgement rendered by High Court of Judicature at Madras pronounced on 10.09.2024 in Writ Petition No.24906 of 2024 (Karthik Parthiban vs. The Superintendent of Police, C.B.I. and 2 Others), wherein a Malaysian resident has been given permission to visit his homeland situated at Malaysia on certain strict terms and conditions and as per instructions it is submitted by learned Senior Counsel that all the conditions mentioned in the judgement dated 10.09.2024 is acceptable to the applicant. 8. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant on the ground that once permission will be granted in favour of applicant, there will be a very high possibility that she would not return and there is no specific safeguard measures to ensure appearance of an offender against whom the trial is pending to be adjudicated finally. 9. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that cause of action available before the applicant at the time of preferring application dated 01.03.2023, whereupon adjudication has been made by learned Chief Judicial Magistrate, Maharajganj while passing order dated 29.04.2025 is no more surviving, in the latest situation grandmother of the applicant has already been expired on dated 19.05.2025 and this fact has never been available before learned court concerned since order which impugned the instant application has been passed near about a months before and as such the grounds taken up by learned Senior Counsel for applicant put to consider before this Court has never been adjudicated or considered by learned court concerned. 10. In view of the aforementioned facts and circumstances of the case, the instant application lacks merit and is hereby dismissed. 11. However, the applicant is hereby at liberty to prefer fresh application by way of disclosing the latest fact in respect of death of her grandmother and for rituals and other last rites for which she is in need to visit her homeland situated at United States of America; if the said application has been preferred, the same shall be considered by learned court concerned in the light of judgement dated 10.09.2024 passed by single bench of Madras High Court in Writ Petition No.24906 of 2024; considering the urgency of the matter, if applicant prefers application before learned court concerned within three weeks from today, the same shall be adjudicated within next two weeks. Order Date :- 28.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad