Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW APPLICATION NO. 765/N/2020 ARISING OUT OF
C.C.NO.522/PW/17 REGISTERED WITH BKC POLICE STATION
1. The present application is filed by the accused Baljinder Singh
Teja for permission to travel abroad. It is the contention of the applicant
that, he wants to travel to U.S.A. in December 2019 for the purpose of
knee transplantation at Santa Clara Hospital, California.
2. APP opposed the application.
3. Heard. Perused the documents filed by the applicant.
4. The accused/applicant submitted that he is having U.S.
citizenship. He requires to undergo knee replacement surgery. He is
having insurance cover at U.S.A. for medical treatment and hence, he
wishes to visit the said hospital for medical treatment. He produced
medical documents to support his version.
5. The APP submitted that it is necessary to consider the
allegations against the accused. Hence, perused the chargesheet. The
present case i.e. CC No. 522/PW/2017 is filed against accused no. 1
Harpreet Kaur and accused no. 2 Baljinder Singh Teja i.e. the present
applicant. It is alleged that accused no. 1 Harpreet Kaur applied for U.S.
Visa. She stated purpose of her visit as to visit her uncle accused no. 2
Baljinder Singh Teja. She produced affidavit of accused Baljinder Singh
Teja and his U.S. individual Income Tax Return in support of her
application. According to her, accused Baljinder Singh Teja is her
sponsor. Accused Harpreet Kaur could not answer properly to the
questions put to her and referred for inquiry by Asst. Regional Security
Officer at U.S. Consulate. In the course of inquiry, it was revealed that the
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IT return of accused Baljinder Singh Teja were found altered. Further he
was residing in India at that time and was unable to provide boarding to
accused Harpreet Kaur as stated in his affidavit. Accused Harpreet Kaur
admitted that IT returns and affidavit were given to her by accused
Baljinder Singh Teja himself in order to help her in procuring U.S. Visa and
she had agreed to pay him Rs. 10,00,000/ for that purpose. Thus,
chargesheet came to be filed against both the accused. The APP also
pointed out that there is another case registered against the
applicant/accused vide CC No. 411/PW/2020 wherein the
applicant/accused had provided fake invitation letter and other documents
to coaccused Neetu to assist her in procuring U.S. visa and charge Rs.
10,00,000/ for the said services. According to the APP, the
applicant/accused is U.S. Citizen and he is trying to escape out of India so
as to avoid facing the trial of both the cases. It will not be possible to
secure his presence once he sets out of the country.
6. According to the applicant/accused, he had undergone
medical treatment at the Santa Clara hospital earlier. The medical reports
produced by the accused include medical reports regarding examination of
blood, urinary examination, renal complications, USG etc. He has also
produced certificate by Fortis Hospital that he is suffering from
Osteoarthritis and advised knee replacement. The said certificate is of the
year 2011. He again produced another certificate of Max Hospital
suggesting that he is planning for admission in the said hospital for knee
replacement. The said certificate is of the year 2018. The accused wishes
to travel to U.S. for medical treatment in Santa Clara Hospital, California.
However, it appears that he had planned to receive treatment in Max
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Hospital. The certificate issued by the said hospital shows the intention of
the accused. It is also evident that good quality medical treatment is
available in India regarding the ailment suffered by the applicant, that too
at affordable expenses. However, he now wishes to travel abroad for the
said treatment. According to him, he is having insurance at the U.S.A. for
medical treatment. However, he did not produce a copy of Insurance
policy to support his submission. Further, he did not produce any
correspondence with Santa Clara Hospital regarding his treatment and
admission. Therefore, it is hard to believe that the accused will travel to
U.S.A., receive desired treatment and return back to India within the time
assured by him. Taking into account the situation arising due to Covid 19
Pandemic, it is all the more necessary for the applicant to take all the
precautions such as to contact the concerned hospital, inquire about
availability of bed, admission and treatment facility etc. before stepping
out. The said precautions is very much necessary considering the fact that
the U.S.A. is worst hit country of Covid 19. However, the applicant has not
placed anything on record to show that he has secured, in advance,
admission and treatment at the said hospital. Hence, it is difficult to
believe his version.
7. The accused is U.S. Citizen. The allegations against him are
serious in nature. There is possibility that the applicant/accused may rush
to U.S. under the pretext of medical treatment and he may not return
thereafter to face the trial. The submission made by the APP appears to
that substance. No doubt, he has right to receive medical treatment
anywhere in the world. However, his submission must be supported by
reliable documents showing his bonafieds. However, the accused has not
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complied with these requirements. Therefore, the prayer of the accused
deserves to be rejected. In the result, following order is passed :
ORDER
Application is Rejected
Date:16092020. Metropolitan Magistrate,
71St Court, Bandra, Mumbai.
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