Harbhajan Singh v. Union Of India And Another

CWP-32378-2019 -12023:PHHC:119275

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-32378-2019 Date of Decision : 12.09.2023 Harbhajan Singh ......... Petitioner

Versus

Union of India and another ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr. Sachin Jain, Advocate and Mr.Sandeep Jain, Advocate for the petitioner.

Mr. Amit Sharma, Advocate for the respondents.

**** JAGMOHAN BANSAL , J. (Oral) 1.

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

2.

The petitioner was issued passport on 29.09.2004 and it expired on 28.09.2014. The petitioner applied for re-issuance of passport. The passport was re-issued and its validity was upto 09.05.2024. On account of pendency of criminal cases, the petitioner on the asking of the respondents has surrendered his passport. The passport is in the custody of respondents.

3.

Learned counsel for the respondents submits that two criminal cases, arising out of FIR No.87 dated 08.10.2011, registered at Police Station Rajpura, under Sections 406, 420, 447, 511, 427, 506 and 120-B of ANJU GOEL 2023.09.12 17:09 I attest to the accuracy and integrity of this document

CWP-32378-2019 -22023:PHHC:119275 IPC and FIR No.60 dated 11.03.2017, registered at Police Station Derabassi, under Sections 406, 420 and 120-B of IPC, are pending against the petitioner. The trial is going on.

4.

The case of the petitioner is squarely covered by notification No.570 dated 25.08.1993 issued by Central Government in exercise of power conferred under Section 22 of Passport Act, 1967. As per said notification, the petitioner may be issued passport or permitted to visit abroad subject to permission from trial Court despite pendency of criminal cases.

5.

On being confronted with aforesaid notification, the petitioner seeks permission to withdraw the present petition with liberty to approach trial Court in terms of aforesaid notification. 6.

Dismissed as withdrawn with liberty aforesaid. ( JAGMOHAN BANSAL ) 12.09.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.09.12 17:09 I attest to the accuracy and integrity of this document