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High Court of Punjab and HaryanaCWP/15194/2023disposed of

Sarabjit Singh v. Union Of India And ORS.

2023-08-16Mr. Justice Jagmohan Bansal2 pages

In the High Court of Punjab and Haryana at Chandigarh 

CWP-15194 of 2023 Date of Decision: 16.08.2023 Sarabjit Singh ---Petitioner versus Union of India and others ---Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Kulbir Singh Saini, Advocate for the petitioner Ms. Saigeeta Srivastava, Advocate for Union of India Mr. Deepanjay Sharma D.A.G, Punjab **** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of seizure memo dated 22.01.2023 whereby immigration officer has seized passport of the petitioner.

2.

Learned counsel for the petitioner inter alia contends that respondent has seized passport of the petitioner and further denied to re-issue the same on the ground that an FIR is pending against the petitioner. Wife of the petitioner has lodged FIR under Sections 406 and 498-A of IPC against the petitioner. As on date, police has not presented its report under Section 173 Cr.P.C. 3.

Learned counsel for the State, on instructions from ASI Gursewak Ram, confirms that FIR has been registered against the petitioner, however, till date challan has not been presented. 4.

Learned counsel for the Union of India submits that passport of the petitioner was impounded on account of receipt of report from the police authorities. As per their information, an FIR has been registered against the petitioner, thus, passport was PARAMJIT KAUR SAINI 2023.08.16 18:23 I attest to the accuracy and authenticity of this order/judgment

CWP-15194 of 2023 -2- 2023:PHHC:105476 impounded.

5.

On being confronted with the judgment of this Court in Mohan Lal @ Mohna vs. Union of India and others, CWP No. 27167 of 2018 

      



    

       

  

     





 

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 ( JAGMOHAN BANSAL ) JUDGE 16.08.2023 paramjit Whether speaking/reasoned : Yes Whether reportable : Yes/No PARAMJIT KAUR SAINI 2023.08.16 18:23 I attest to the accuracy and authenticity of this order/judgment