CRM No. M 16894 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 16894 of 2010 Date of decision: 02.07.2010 Harpreet Singh ........ Petitioner Versus State of Punjab .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Sunil Chadha, Advocate for the petitioner Mr. K S Pannu, DAG, Punjab for the respondent State -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of the order dated 10.05.2010 (Annexure P-3) passed by the learned Sessions Judge, Ludhiana, vide which, the application dated 22.04.2010 (Annexure P-2) filed by the petitioner for grant of No Objection Certificate for renewal of his passport has been declined. It is contended by the learned counsel for the petitioner that the petitioner had moved application dated 22.04.2010 before the Court of learned Sessions Judge, Ludhiana for grant of No Objection Certificate for the renewal of his passport. The aforesaid necessity arose as there was one CRM No. M 16894 of 2010 2 of the conditions in the application form for renewal of the passport was that in case, any criminal proceedings are pending before a Court in India, No Objection Certificate from the competent Court for grant of of passport has to be attached. However, the aforesaid application was dismissed by observing as under:- “What is further sought from the court is in Column 17-C that this Court should write that it has no objection for grant of passport to the applicant. Since the case has been pending against the applicant and this application is being opposed, undersigned is not inclined to furnished No Objection Certificate in response to Column No. 17- C as the passport at later stage may be mis-used. So this application is dismissed.” However, it is brought to the notice that in response to the application, a short reply was filed by the Deputy Superintendent of Police, Vigilance Bureau, Ludhiana before the Court stating therein that there is apprehension that after getting the passport renewed, the petitioner may go abroad and shall not return back to India which will affect upon the case. A similar stand has also been taken by the State Counsel before this Court in para 8 of the reply. However, it is not denied that the petitioner, in fact, had earlier been granted liberty by the Sessions Judge, Ludhiana vide order dated 16.10.2009 (Annexure P-1) to go to Germany for getting his book released and also to participate in the seminar there from 19.10.2009 to 07.11.2009. It is also admitted that the petitioner went to the Germany for the aforesaid purpose and returned back well within time granted in the order dated 16.10.2009 and reported before the trial Court. It is also CRM No. M 16894 of 2010 3 brought to the notice that the petitioner never mis-used the concession of bail granted to him and has been regularly appearing in the Court. In view of the past conduct of the petitioner, I find no justification in refusing to grant No Objection Certificate to the petitioner in response to Col. No. 17-C of the form, for getting the passport renewed. Moreover, grant of No Objection Certificate to the petitioner for renewal his passport does not mean that permission has been granted to him to leave the country for which he is, in any case, required and entitled to apply to the concerned court separately. In view of the above, the order dated 10.05.2010 passed by the District Judge, Ludhiana is set aside and the present petition is accordingly allowed directing the concerned Court to grant No Objection Certificate to the petitioner for getting his passport renewed. (Nirmaljit Kaur) Judge 02.07.2010 mohan