Gamdoor Singh Dhillon vs Union Of India And Anr
2022 Latest Caselaw 4650 P&H

102
 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                 CWP-10312-2022
                                                 Date of Decision: 16.05.2022

Gamdoor Singh Dhillon
                                                                   ....Petitioner
                                            VS
Union of India and another
                                                                   ....Respondents
CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL
Present:-    Mr. Vicky Sharma, Advocate for the petitioner

                                                 *****
SUDHIR MITTAL, J. (Oral)

Application for re-issuance of passport of the petitioner is not being

processed because his appeal against conviction is pending.

Learned counsel for the petitioner has relied upon judgment dated

27.09.2021 passed in Vangala Kasturi Rangacharyulu vs. Central Bureau of

Investigation, 2021(4) RCR(Criminal) 402 to submit that a constitutional Court

has the power to direct issuance/re-issuance of a passport even in a case where an

appeal against conviction is pending.

The argument is misconceived. The judgment in Vengala Kasturi

Rangacharyulu (supra) has been passed in appeal pending in the Supreme Court.

Further, it does not lay down any proposition that despite pendency of an appeal

against conviction, the constitutional Courts would independently exercise

jurisdiction in matters regarding issuance/re-issuance of passports.

Faced with this situation, learned counsel for the petitioner wishes to

withdraw this petition with liberty to approach the concerned Court where his

appeal is pending.

Dismissed as withdrawn with the aforementioned liberty.

                                                             ( SUDHIR MITTAL )
16.05.2022                                                        JUDGE
reena
                     Whether speaking/reasoned               Yes/No
                     Whether Reportable :                    Yes/No
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