Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Rajinder Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking quashing of impugned order dated 20.04.2023 (Annexure P-6) passed by learned Judicial Magistrate 1st Class, Sangrur in the case stemming from FIR No.80 dated 23.03.2023 under Sections 406 & 498-A of the Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station Bhawanigarh, District Sangrur, Punjab, vide which the petitioner was directed to produce the original passport before learned trial Court.
2. Learned counsel for the petitioner, inter alia, contends that the petitioner along with co-accused was named in the FIR (supra). She was granted anticipatory bail and was regularly appearing before learned trial Court despite being an aged lady and suffering from various ailments. Yet, vide impugned order dated 20.04.2023 (Annexure P-6), the petitioner was directed to produce her original passport before learned trial Court, which is totally illegal and beyond the jurisdiction of learned trial Court. Learned counsel further argues that learned trial Court has failed to appreciate the fact that the power and ju
The Passport Act, 1967 prevails over the CrPC regarding the impounding of passports, which is exclusively within the jurisdiction of the Passport Authority.
Impounding of Passport – Power under Section 104 of Cr.P.C. cannot be invoked to impound Passport – Under Section 102 (1) of Cr.P.C., Police have power to seize Passport but there is no power to impo....
A criminal court cannot impose conditions on bail that restrict personal liberty, such as retaining a passport, which is exclusively within the jurisdiction of the Passport Authority.
The authority to impound a Passport lies solely with the Passport authority under the Passports Act, not with the police or courts under the Code of Criminal Procedure.
Courts do not have the power to impound passports, and only the Passport Officer is the competent authority to do so.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
