While dismissing the plea, the court said the accused has also not disclosed it to the Income Tax Department that she is pursuing the course outside India while seeking adjournment. "...No ground for permission to go abroad is made out. Accordingly, application is dismissed," the court said. It also rejected the submission of Ritu's counsel that she was a retired teacher and pursuing a course at Inchbald School of Design in the UK for her livelihood.
"There is nothing on record to suggest as to how the diploma course is having any relation with the livelihood of the accused... No place of stay has been given in the application at UK except photocopy of certificate purportedly obtained from the institution or period of her stay at UK has been specified and blanket permission has been sought," the court said.
The plea was opposed by Income Tax Department which saaid there was a likelihood that Ritu may flee from the jurisdiction of this court as even during the investigation she did not fully cooperate. The counsel representing Income Tax Department contended the course was neither related to livelihood of the accused nor any loss of business is there. Opposing Ritu's plea, the counsel submitted that, "it was a kind of hobby classes and a pleasure course." Ritu was earlier granted bail by the court on March 2 after she had appeared before it in pursuance to summons.
The plea seeking permission to go abroad was moved as the court while granting bail had directed her not to leave the country without its prior permission. In her plea, Ritu had said that she was enrolled for full time course from September 8, 2014 to July 10, 2015. She said she has deposited the fees and would suffer an irreparable loss if not allowed to continue and complete the course. The court has now fixed the case for recording of pre- charge evidence on April 27.
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