Jaswinder Singh v. Union Of India And ORS

CWP No. 10573 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 10573 of 2018 Date of decision : 23.10.2018 Jaswinder Singh ....Petitioner V/s Unionof India & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Vivek K. Thakur, Advocate for the petitioner. Mr. Shiresh Gupta, Sr. DAG Punjab.

RAJAN GUPTA J.

Petitioner has impugned order, Annexure P-4 vide which passport of the petitioner has been impounded. Learned counsel has placed reliance on order passed in CWP No. 2339 of 2018 titled as Satnam Singh vs. Union of India & ors. decided on 04.05.2018. Reply by way of affidavit of Dalbir Singh, Assistant Commissioner of Police, Central Jalandhar has been filed in court. Para 2 thereof reads as under:- "2. That after registration of FIR one application vide No. 3548 PTM dated 16.10.2014 was filed before Commissioner of Police Jalandhar for re-investigation and said application was interested too. ADCP City-1 for enquiry and in enquiry it was held that accused Jaswinder Singh, Ramandeep Singh, Gurpreet Singh, Maninder Singh and Gurinder Singh were found innocent"

Learned State counsel submits that petitioner has been kept in column no. 2 in the challan.

AJAY KUMAR 2018.10.25 15:48 I attest to the accuracy and authenticity of this document

CWP No. 10573 of 2018 In view of above, impugned order is hereby set-aside. Matter is remitted to same authority for decision afresh after taking into consideration stand of the State and order passed in Satnam Singh's case (supra). Disposed of.

October 23, 2018 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY KUMAR 2018.10.25 15:48 I attest to the accuracy and authenticity of this document