Nachhatar Singh v. Union Of India And Another

Apparently, petitioner never responded to the said letter dated 01.10.2024 (Annexure P-3).

2.2 It transpires that the petitioner was declared proclaimed offender in the said FIR No.74 dated 23.05.2017, vide order dated 03.06.2023 (Annexure P-5) passed by the learned Judicial Magistrate Ist Class, Zira. Thereafter, petitioner filed a petition bearing CRM-M No.61014 of 2024 before this Court, seeking setting aside of the aforesaid order dated 03.06.2023 (Annexure P-5); which came to be disposed of vide order dated 05.12.2024 (Annexure P-7), thereby setting aside order dated 03.06.2023 (Annexure-5) and further directing the petitioner to appear and surrender before the concerned Court.

3.

Learned counsel for the petitioner submits that in pursuance of order dated 05.12.2024 (Annexure P-7) passed by this Court, petitioner has already appeared before the trial Court and presently, the case is at the stage of prosecution evidence.

4.

Learned counsel for the respondent/Union of India submits that since FIR No.74 dated 23.05.2017 is pending trial against the petitioner before the trial Court; accordingly, he is required to submit an order from the concerned Court, permitting him to depart from India, in terms of the Government Instructions issued vide G.S.R. 570(E) dated 25.08.1993 5.

Faced with this situation, learned counsel for the petitioner submits that he may be permitted to withdraw the instant writ petition with liberty to the petitioner to approach the concerned Court where the trial is pending against him in FIR No.74 dated 23.05.2017, so as to seek permission to depart from India in terms of the Government Instructions issued vide G.S.R. 570(E) dated 25.08.1993.

6.

Keeping in view the aforesaid submissions made by learned

counsel for the parties, the present writ petition is dismissed as withdrawn with the liberty aforesaid.

7.

All the pending application(s), if any, shall also stand closed.