Jatinder Vashisht vs State of Punjab

Notice of motion.

On the asking of Court, Mr. Gurveer Sidhu, Asstt. Advocate

General, Punjab accepts notice on behalf of the respondent/State. Copy of

the paper book is supplied to him.

In the light of contentions raised by learned counsel for the

petitioner and in view of the urgency involved whereby reliance has been

sought to be placed on the orders of the Juvenile and Domestic Relations

Court of Prince William County, USA dated 17.04.2017 (Annexure P4)

whereby stress is sought to be placed on para No.10 of this order, which

is reproduced herein below to lay emphasis:

"10. That the minor child will remain at 5023 Quell Court, Woodbridge, Virginia, under the care and supervision of Satya Vashisht, until the minor child is transferred to the physical custody of his Mother, in California, on June 17, 2017."

Thus, in view of the urgency involved and extraordinary

circumstances that have come about in this petition and the ends of

justice, impels this Court to take up the matter in spite of the fact that the

petitioner has failed to approach the trial Court for such a relief.

Appreciating the submissions of the two sides and keeping in

view that the petitioner Jatinder Vashisht is a citizen of USA and there is

dispute over the custody of minor child born out of his wedlock with

Monika Sharma on 16.11.2005, if the prayer sought for is not granted,

would certainly bring about more hardship and misery for the petitioner

resulting in multiplicity of litigation with every eventuality, justice

remaining elusive. Thus, in the interests of justice exercising these

extraordinary powers under Section 482 Cr.P.C. this Court allows the

prayer made in this petition and grants permission to the petitioner

Jatinder Vashisht to go abroad for a period of 2 months with effect from

today, subject to his furnishing bank guarantee/surety bonds before the

trial Court/Duty Magistrate in the amount of Rs.5.00 lacs with two

sureties in the like amount each to the satisfaction of the trial Court. The

petitioner would ensure that he returns back and appear before the

concerned Court. The petitioner if unable to exercise this option, may

deposit the amount of Rs.10.00 lacs before the concerned Court at Ropar

in fulfillment of this very stipulation in the alternative.

The petition stands disposed off in those terms.