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High Court of Punjab and HaryanaCWP/27495/2023disposed of

Bachan Singh v. Union Of India And ANR

2023-12-07Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH  

CWP No.27495 of 2023 Date of Decision:07.12.2023 Bachan Singh ....Petitioner vs.

Union of India and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Vipin Mahajan, Advocate and for the petitioner Mr. Vijay Pal, Senior Panel 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 respondent No. 2 to re-issue him passport.

2.

The petitioner was issued passport on 30.06.2008 which expired on 29.06.2018. An FIR No. 64 dated 01.04.2017, under Sections 406, 498-A,326,120-B of IPC was registered against the petitioner at Police Station, Tanda, District Hoshiarpur. Charges stand framed against the petitioner.

3.

Learned counsel for the petitioner submits that petitioner is entitled to passport in terms of Notification No. 570 dated 25.08.1993 issued by Central Government.

PARAMJIT KAUR SAINI 2023.12.07 17:26 I attest to the accuracy and authenticity of this order/judgment

CWP No.27495 of 2023 -2- 2023:PHHC:156128 4.

Learned counsel for Union of India, who on advance notice is present in Court, submits that Notification No. 570 dated 25.08.1993 issued by Central Government needs to be read alongwith Section 6(2)(f) of the Passport Act. The petitioner on account of pendency of criminal trial cannot be issued passport, however, the Notification has relaxed the condition, subject to approval of trial court. The charges have already been framed against the petitioner, thus, petitioner is required to get approval from trial court.

5.

Faced with this, learned counsel for the petitioner seeks permission to withdraw the instant petition with liberty to approach trial court in terms of aforesaid Notification.

6.

Disposed of with liberty as aforesaid.

(JAGMOHAN BANSAL) JUDGE 07.12.2023 paramjit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.12.07 17:26 I attest to the accuracy and authenticity of this order/judgment