Sandeep v. State Of Haryana And Others

CRM-M No. 48117 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No. 48117 of 2024 Date of Decision: 04.10.2024 Sandeep ...PeƟƟoner

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Sankalp Gehlawat, Advocate for the peƟƟoner.

Ms. Harpreet Kaur, A.A.G., Haryana.

**** ANOOP CHITKARA, J.

Apprehending that respondents No.2 and 3 in connivance with his estranged wife are likely to take his child to United Kingdom, father of the child has come up before this Court under SecƟon 528 BNSS direcƟng the forfeiture of passport of respondents No.2 and 3.

I have heard counsel for the parƟes to ascertain whether the peƟƟon is worth issuing noƟce or not and have also gone through the record and its analysis would lead to the following outcome.

PeƟƟoner refers to a complaint which led to registraƟon of FIR in 2021. Counsel for the peƟƟoner referred to an undertaking by way of affidavit given by respondents No.2 and 3 in which they have stated on affidavit that in case LaƟka -wife of peƟƟoner and mother of the child wants to shiŌ to United Kingdom, then they would be willing to shiŌ with her daughter to take care of both the children. In para no.4, peƟƟoner's apprehension that respondents No.2 and 3 are likely to shiŌ the peƟƟoner's minor son to United Kingdom is based on the threat apprehension, however no reason has been menƟoned for such apprehension and it is only presumpƟve. Counsel for the peƟƟoner submits that the contents of the affidavit clearly points out respondents intenƟon to move to United Kindgom along with child and as such he seeks confiscaƟon of their passports.

Given above, there is no reason for this Court to interfere based on such apprehensions and uncorroborated unsubstanƟated whims and fanciful apprehension. Jyoti Sharma 2024.10.05 12:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-M No. 48117 of 2024 PeƟƟon stands dismissed. All pending applicaƟons, if any also stands disposed.

(ANOOP CHITKARA) JUDGE 04.10.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.10.05 12:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh