Binder Ram v. Union Of India And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH



CWP No.2884 of 2024 Date of Decision:09.02.2024 Binder Ram ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Vaneet Thakur, Advocate and Mr. B.S.Seemar, Advocate for the petitioner Mr. Amit Sharma, Senior Panel Counsel for the Union of India *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondent No. 2 to re-issue him passport.

2.

The petitioner was issued passport on 01.05.2009 which expired on 30.04.2019. The petitioner left for Italy in 2009 and came back to India in February' 2014 for the purpose of marriage. The petitioner returned to Italy on 17.03.2014 after solemnizing marriage. On account of matrimonial discord, the wife of the petitioner lodged FIR No. 294 dated 08.06.2015, under Sections 406, 498-A of IPC at Police Station Sector-34, Chandigarh. The petitioner at the time of registration of afore-stated FIR was out of country and he was declared proclaimed person by JMIC, Chandigarh vide PARAMJIT KAUR SAINI 2024.02.09 04:45 I attest to the accuracy and integrity of this document

CWP No.2884 of 2024 -2- 2024:PHHC:018225 order dated 14.12.2015. The trial court vide judgment dated 30.09.2022 has acquitted parents of the petitioner who were also accused in the afore-stated FIR. The petitioner is still staying out of country and he has filed CRM-M57474 of 2023 before this Court seeking setting aside of order of proclamation as well as the FIR.

4.

Mr. Vaneet Thakur, Advocate submits that while acquitting parents of the petitioner, the trial court has recorded findings qua petitioner also. He has filed petition before this Court seeking setting aside of proclamation as well as afore-stated FIR.

5.

Mr. Amit Sharma, Senior Panel Counsel for Union of India submits that petitioner as on day is a proclaimed person and his passport expired in 2019. The passport authority would issue emergency travel documents if the petitioner applies for the same. 6.

Counsel for the petitioner agrees with the aforesaid arrangements.

7.

In the wake of statement of both sides, the petition stands disposed of.

(JAGMOHAN BANSAL) JUDGE 09.02.2024 paramjit Whether speaking/reasoned: Yes Whether reportable: No PARAMJIT KAUR SAINI 2024.02.09 04:45 I attest to the accuracy and integrity of this document