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High Court of Punjab and HaryanaCWP/17060/2023disposed of

Gurnam Singh v. Union Of India And Another

2023-08-07Mr. Justice Jagmohan Bansal2 pages

In the High Court of Punjab and Haryana at Chandigarh 2023:PHHC:101228 CWP No. 17060 of 2023 Date of Decision: 07.08.2023 Gurnam Singh ---Petitioner versus Union of India and another ---Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Anter Preet Singh, Advocate for the petitioner Ms. Neha Sharma, Advocate for Union of India **** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking direction to respondents to re-issue his passport.

2.

Learned counsel for the petitioner inter alia contends that FIR No. 51 dated 26.03.2015 under Section 21 of NDPS Act is registered against the petitioner at Police Station, Phillaur. Police has already presented challan and trial is going on. The petitioner was convicted in another FIR and he has filed CRA-S-1695-SB of 2016 before this Court. Sentence of the petitioner has been suspended vide order dated 08.07.2016.

3.

As per Notification No. 570 dated 25.08.1993 issued by Central Government in exercise of power conferred by Section 22 of the Passport Act, a person against whom criminal proceedings are pending, PARAMJIT KAUR SAINI 2023.08.07 17:46 I attest to the accuracy and authenticity of this order/judgment

CWP No. 17060 of 2023 -2- 2023:PHHC:101228 may be issued passport subject to permission granted by trial court. 3.

On being confronted with the aforesaid Notification, Mr. Anter Preet Singh, counsel for the petitioner seeks permission to withdraw the instant petition with liberty to approach trial court in terms of aforesaid notification.

4.

The petition stands disposed of with liberty to petitioner to approach trial court. The trial court shall decide application of the petitioner expeditiously and after considering the aforestated Notification.

( JAGMOHAN BANSAL ) JUDGE 07.08.2023 paramjit Whether speaking/reasoned : Yes Whether reportable : Yes/No PARAMJIT KAUR SAINI 2023.08.07 17:46 I attest to the accuracy and authenticity of this order/judgment