High Court of Punjab and HaryanaCOCP/1060/2018disposed of

Sukhdev Singh v. Rahul Tiwari And ORS

2018-04-16Mrs. Justice Raj Rahul Garg2 pages

COCP 1060/2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 1060/2018 Date of decision:16.04.2018.

Sukhdev Singh ..............Petitioner v.

Sh.Rahul Tiwari,Secretary,Department of Home Affairs and Justice,Punjab and others ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Ms.Jasneet,Advocate for the petitioner.

Mr.Manoj Bajaj,Addl.AG Punjab for respondents. Jaswant Singh,J,(Oral).

Grievance of the petitioner was that his estranged wife Bhupinder Jit Kaur had stolen certain articles including his passport. The police officials were demanding money for retrieval of the passport from the custody of estranged wife. CRM-M 13654/2017 filed by the petitioner seeking release of the passport was disposed of vide order dated 8.9.2017 passed by a learned single Judge of this Court directing the police authorities to decide the representation of the petitioner in accordance with law.

Present contempt has been filed with the allegations that the passport has still not been retrieved.

Upon notice, learned State counsel on instructions from SI Rajinder Singh, PS City Tarn Taran states that the petitioner-Sukhdev Singh is in civil custody for non-payment of outstanding maintenance amounts Rajinder Parshad Joshi 2018.04.16 17:08 I attest to the accuracy and integrity of this document

COCP 1060/2018 granted in the proceedings under Section 125 Cr.PC initiated by the wife. He further states that the petitioner is an accused in FIR No.2 dated 2.1.2016 lodged by wife under Sections 406/498-A IPC, PS City Tarn Taran in which the challan is yet to be presented.

Keeping in view the fact that the husband is in judicial custody present contempt is disposed of with the liberty to the petitioner to make an application before the SHO, PS City Tarn Taran for release of his passport which is concededly in his custody vide DDR No.44 dated 15.4.2018. Disposed of accordingly.

16.04.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.04.16 17:08 I attest to the accuracy and integrity of this document