High Court of Punjab and HaryanaCRM-M/39208/2024dismissed

Bhagwant Singh v. State Of Haryana And Another

2024-08-13Mr. Justice Sandeep Moudgil2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-39208-2024 Date of Decision: August 13, 2024 BHAGWANT SINGH ....Petitioner(s)

VERSUS

STATE OF HARYANA AND ANOTHER ....Respondent(s) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. G.S. Goraya, Advocate with Mr. Gurnam Singh, Advocate for the petitioner.

Mr. B.S. Virk, Senior DAG, Haryana.

**** SANDEEP MOUDGIL , J.(ORAL) This petition has been filed by the petitioner under Section 528 Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS, 2023) for setting aside the order dated 25.07.2024 (Annexure P-7) vide which learned Additional Sessions Judge, Kaithal has dismissed application of the petitioner for permission to get issued new passport from competent authority (respondent No.2) illegally and unlawfully by holding that no permission is required from the Court for the said purpose as the competent authority is required to proceed as per law as per the provisions of the Passports Act, 1967, whereas respondent No.2 has refused to issue new passport to the petitioner in the absence of Court order on the ground of pendency of case under Electricity Act, 2003 in FIR No.6546, dated 25.08.2022 under Section Indian SANGEETA 2024.08.20 09:41 I attest to the accuracy and integrity of this document

CRM-M-39208-2024 Electricity Act 2003 under Sections 135, 138, Police Station HSENB Police Station, Jind (Annexure P2).

Learned counsel for the petitioner seeks withdrawal of the instant petition to take appropriate legal remedies in accordance with law. Since there is no legal infirmity found in the matter, learned counsel for the petitioner relies upon the notification dated 25.08.1993 which clearly depict that permission is required only in case going to abroad not for seeking renewal of the passport.

Allowed as prayed for.

Dismissed as withdrawn with liberty aforesaid. (SANDEEP MOUDGIL) JUDGE 13.08.2024 Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2024.08.20 09:41 I attest to the accuracy and integrity of this document