Neutral Citation No. - 2025:AHC:116233 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25028 of 2025 Applicant :- Ms. Colleen Patrice Lynch Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Srivastava,Prakash Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri P.C.Srivastava along with Sri Amit Kumar Srivastava, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the order dated 23.06.2025 passed by learned Chief Judicial Magistrate, Maharajganj in Criminal Case no. 8708 of 2025 (State of U.P. vs. Collen Patrice Lynch) arising out of Case Crime no. 119 of 2023 under Section 14 of Foreigners Act, 1946 and Section 467 IPC, Police Station- Sonauli, District Maharajganj. Further prayer has been made to allow the applicant to travel to her home in United States of America (USA) from 20.06.2025 to 20.08.2025. 3. It is submitted by Sri P.C.Srivastava, learned counsel appearing on behalf of applicant that on previous occasion, by way of preferring Application under Section 528 BNSS no. 19381 of 2025, order dated 29.04.2025 passed by learned Chief Judicial Magistrate, Maharajganj has been put under challenge through which the prayer for granting permission to travel to United States of America (USA) from 1st July, 2025 to 30th July, 2025 has been declined by learned concerned court. The grounds taken up by the applicant at that time had virtually became redundant and this Court vide order dated 28.05.2025 passed in Application under Section 528 BNSS no. 19381 of 2025 extended liberty to prefer fresh application by way of disclosing latest facts 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 (USA) . 4. It is further submitted by learned counsel for applicant that fresh application has been preferred in pursuance to order dated 28.05.2025 before learned Chief Judicial Magistrate, Maharajganj and the same was also dismissed vide order dated 23.06.2025 which rises cause of action in favour of the applicant for preferring the instant application for challenging the same and again permission has been sought for a limited period till the month of August, 2025 since certain programme has been fixed for 17.08.2025 at St. Mary's Catholic Church, Chardon, Ohio. 5. Learned counsel for the applicant while substantiating his arguments over the veracity of the order which has been put under challenge submitted that applicant is ready to furnish surety up to the satisfaction of the learned court concerned and tendering the undertaking that she will certainly return back to India and face the trial in Case Crime no. 119 of 2023 in pursuance to Section 14 of Foreigners Act, 1946 along with Section 467 IPC at District Maharajganj. 6. Per contra, learned AGA vehemently opposed the prayer and rebutted the stand taken up by learned counsel for the applicant and submitted that applicant has been intercepted and arrested on the basis of some forged documents prepared by her in shape of Adhaar Card and implication of the applicant is strictly to be tried before learned trial court in accordance with law. In case she will be permitted, the trial will be vitiated and there is no chance to arrest the applicant from United States of America (USA) since no extradition treaty is available between our country and United States of America (USA). 7. Considering the arguments raised by learned counsel for the parties, so far as the merit of the order dated 23.06.2025 passed by learned Chief Judicial Magistrate, Maharajganj is concerned, the same has been decided only on the basis that the documents was produced by applicant is not substantiated with some Government Authority. 8. During course of argument, Sri Amit Kumar Srivastava, learned counsel for applicant submitted that there is a extradition treaty available between our country and United States of America (USA) executed in the year 1997 itself and if in any case, the order is passed in favour of the applicant on certain terms and condition that shall be binding over the applicant and there is no chance for evading of applicant from trial which is continuing before learned Chief Judicial Magistrate, Maharajganj. 9. In view of aforementioned facts and circumstances, impugned order dated 23.06.2025 passed by learned Chief Judicial Magistrate, Maharajganj in Criminal Case no. 8708 of 2025 is hereby set aside. Application preferred at the behest of applicant for visiting United States of America (USA) is hereby allowed, subject to following terms and conditions: 2 of 3 (1) Entire document for travelling which includes immigration certification shall be strictly confirmed by concerned Government Authorities. (2) Applicant shall ensure surety of Rs. 25 lakh in shape of Fixed Deposit Receipt (FDR) which will be accepted by learned Chief Judicial Magistrate concerned. (3) The permission is hereby extended to applicant to visit United States of America (USA) till 17.10.2025 only and thereafter immediately after returning from United States of America, applicant shall ensure her presence which shall be recorded by learned concerned court at District Maharajganj as well as Immigration Office. 10. The entire formality for travelling to United States of America (USA) shall be commenced immediately after producing this order before learned concerned court and the entire exercise shall be completed within period of 15 days from today. 11. The instant application under Section 528 BNSS stands allowed, considering the attachment and sentiments of a granddaughter for her late grandmother, perhaps the same has been developed due to long stay at Indian soil, where meaning of family is much broader than husband, wife and children. Extension of permission in favour of applicant is also based upon the respect of sentiments of a foreign national who is so attached to her late grandmother. Order Date :- 17.7.2025 Shaswat 3 of 3 Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad