C.W.P. No.18677 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.18677 of 2011 Date of Decision.14.10.2011 Narinder Kaur daughter of Bachan Singh wife of Ramjit Singh, resident of village Hazat Nagar, Tehsil and District Gurdaspur .....Petitioner Versus Union of India through Ministry of External Affairs, Govt. of India, New Delhi and others .....Respondents Present: Mr. R.K. Arya, Advocate for the petitioner. Ms. Kamla Malik, C.G.S.C with Mr. Anmol Rattan Sidhu, Assistant Solicitor General for respondent Nos.1 and 2. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. On a notice to the Central Government through counsel, the learned counsel states that the passport is impounded only because the police at Gurdaspur had requested for impounding of the passport since a case had been registered. It is brought out by the police itself that a case registered in FIR No.145 dated 04.10.2006 under Sections 420 IPC was carried through by way of investigation and report had also been submitted by the police under Section 173 Cr.P.C. to the jurisdictional Magistrate that there was no case against the petitioner and that case against her was mistake of the fact. The case appears to be pending as regards other persons mentioned in the complaint and as regards the petitioner, the complaint has been dropped. There is no reason for the C.W.P. No.18677 of 2011 -2- authorities to seek for impounding of a passport in a situation where there is no case pending against her so far nor is there anything brought out to suggest that the Magistrate has asked for any fresh investigation. 2. The FIR is of the year 2006 and the petitioner pleads extraordinary hardship particularly in view of the fact that she has come away on a holiday and she is unable to resume company of her children who are minors and who are studying in Italy. She wants to return to Italy immediately. 3. Having regard to the fact that there is no case pending, I direct the 4th respondent to immediately make appropriate report to the authorities to enable the Regional Passport Officer to advise the petitioner to collect her passport. The appropriate communication shall be sent by the 4th respondent within a period of one week. 4. The writ petition is disposed of. A copy of this order be given dasti on payment of usual charges. (K. KANNAN) JUDGE October 14, 2011 Pankaj*