Malkiat Singh v. Union Of India And Others

CWP-16880-2026 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-16880-2026 (O&M) Date of decision: 26.05.2026 Malkiat Singh through his Special Power of Attorney ....Petitioner Vs.

Union of India and others ....Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER

Present:

Mr. Mayur Karkra, Advocate for the petitioner.

***** HARSH BUNGER J. (Oral) Petition herein is, inter alia, seeking a writ in the nature of Mandamus, for directing the respondents No.1 to 4, to reissue the passport to the petitioner.

2.

During the course of hearing of this writ petition, it is not disputed by the learned counsel for the petitioner that petitioner is arrayed as an accused in case case FIR No.16 dated 24.04.2024 under Sections 377, 354, 354-A, 323, 506 and 120-B IPC, registered at Police Station Sadar Patiala.

2.1 It is also not disputed that the petitioner is presently in Brisbane and the present writ petition has been filed through his Special Power of Attorney, however, the Special Power of Attorney has not been embossed by the Competent Authority in India.

3.

Faced with this situation, learned counsel for the petitioner submits that he may be permitted to withdraw the instant writ petition with ANKIT 2026.05.29 10:01 I attest to the accuracy and integrity of this document High Court, Chandigarh

CWP-16880-2026 (O&M) -2liberty to the petitioner to approach the concerned Authorities at Brisbane to seek emergency certificate for his travel to India, so as to enable him to join the proceedings, in the aforesaid case FIR No.16 dated 24.04.2024; however, he further submits that appropriate time bound directions be issued for grant of emergency certificate to the petitioner.

4.

Mr. Ashutosh Dhankar, Sr. Panel Counsel, appears on behalf of the respondents No.1 to 4/UOI, in pursuance of the advance copy of paper book having already been supplied to him and submits that in case the petitioner approaches the concerned/Competent Authority at Brisbane, within a period of three weeks from today; and submit request for issuance of emergency certificate; such request would be considered by the concerned/Competent Authority, and an appropriate order shall be passed thereon within a period of three weeks from the date of submission of the such aforesaid request by the petitioner.

5.

Keeping in view the above, no further order is required to be passed and the present petition stands disposed of accordingly. 6.

All the pending application(s), if any, shall also stand closed. (HARSH BUNGER) 26.05.2026 JUDGE Ankit Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ANKIT 2026.05.29 10:01 I attest to the accuracy and integrity of this document High Court, Chandigarh