Gaurav Kataria v. Union Of India And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH



CWP No.23140 of 2023 Date of Decision:12.10.2023 Gaurav Kataria ....Petitioner vs.

Union of India and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Sanjiv Kumar Arora, Advocate for the petitioner Mr. Arihant Goyal, Central Govt. Counsel for the Union of India *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to issue him passport and quash remarks recorded on appointment receipt dated 05.08.2023.

2.

An FIR No. 51 dated 01.03.2019, under Sections 420, 465, 466, 467, 468, 471, 409 and 120-B of IPC and Section 7 of the Prevention of Corruption Act has been registered against the petitioner at Police Station, City Faridkot and trial is going on. As per Notification No. 570 dated 25.08.1993 issued by the Central Government, passport may be issued despite pendency of criminal case, however, subject to permission granted by trial court. The petitioner has not filed any application before trial court. PARAMJIT KAUR SAINI 2023.10.12 17:31 I attest to the accuracy and authenticity of this order/judgment

CWP No.23140 of 2023 -2- 2023:PHHC:132729 3.

Faced with this, learned counsel for the petitioner states that the present petition may be dismissed as withdrawn with liberty to approach trial court.

4.

Dismissed as withdrawn with liberty as aforesaid. The trial court shall consider application of the petitioner in terms of the aforesaid Notification.

(JAGMOHAN BANSAL) JUDGE 12.10.2023 paramjit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.10.12 17:31 I attest to the accuracy and authenticity of this order/judgment