Punjab & Haryana High Court Helped : Direct Release of Passport : Father Travel Abroad To Attend Convocation Of Daughter

June 30, 2022

Punjab & Haryana High Court Helped : Direct Release of Passport : Father Travel Abroad To Attend Convocation Of Daughter

Recently, the Punjab & Haryana High Court helped put a father who was earlier unable to attend his daughter’s convocation at a foreign university as his passport was impounded in a criminal case was pending against him.

The Bench of Justice Anoop Chitkara observed that because a case is pending it does not mean the petitioner will not return to the country or can’t be brought back to the country. As per the court, in India, not only the parents but the whole country rejoices when a girl attains the pinnacle of education and if the parents are allowed to attend the convocation it might motivate the girl to continue her studies.

However, the court also imposed the following conditions on the petitioner:-

The petitioner will get a smart phone and inform the concerned police officer about its IMEI number and to keep the phone location/GPS of the phone always on.
Whenever the police will ask the police to share his location, he will do so.
The petitioner will not clear location history, whatsapp chats or formats of the phone without permission from the police.
The petitioner will inform the police about his address and phone number in Canada.
The petitioner has to deposit his passport in the trial court 15 days after his return from Canada and it is open to him to apply for permanent release of his passport as well.

Title: Kanwalpreet Singh Kalra vs. State of Punjab & another

Case No.: CRM M 27452/2022

CRM-M-27452-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-27452-2022

Kanwalpreet Singh Kalra ...Petitioner(s)

Versus

State of Punjab & another …Respondent(s)

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present: Mr. R.S. Bajaj, Advocate for the petitioner. Mr. R.S. Khaira, AAG, Punjab.

Date of order: 24.06.2022

ANOOP CHITKARA, J.

Seeking release of his passport, to enable the petitioner to travel Canada to attend the convocation of his daughter, he had approached the trial Court. However, this prayer was rejected by Judicial Magistrate Ist Class, Jalandhar vide order dated 20.06.2022 (Annexure P-5).
Aggrieved from the aforesaid order, the petitioner has come up before this Court by filing the present petition under Section 482 CrPC. Learned counsel for the petitioner has referred to the petition which points out towards such convocation and necessity of release of the passport. He has also referred to page 26 of the petition which contains the affidavit in the matter of Canadian visitor visa of the petitioner – Kanwalpreet Singh and Satinderjeet Kaur. State does not dispute the facts, as mentioned in the petition. The day a child is born, the parents have a desire that he/she attains highest possible education. In Indian society, especially when a girl attains pinnacle of education, it brings joy not only to the parents but also makes the entire country proud.
Thus, if her parents attend that function/convocation, it is likely to motivate the child for her further education. Simply because a case is pending, would not mean that a person (petitioner) would not return back to India or cannot be brought back to India. Given above, the present petition is allowed and the impugned order dated 20.06.2022 (Annexure P-5) passed by Judicial Magistrate Ist Class, Jalandhar is set aside.
Petitioner is permitted to go abroad (Canada) and the trial Court is directed to return the passport to the petitioner.
However, this order is subject to following conditions:-
That the petitioner shall procure a smart phone and inform its IMEI number and other details to the SHO/I.O. of the Police station mentioned before. The petitioner shall always keep the phone location/GPS on the “ON” mode. Whenever the Investigating officer asks to share the location, the petitioner shall immediately do so. The petitioner shall neither clear the location history, whatsapp chats, calls nor format the phone without permission of the concerned SHO/I.O. This condition shall continue till the completion of the trial or closure of case, whatever is earlier.
ii) The petitioner shall intimate his address, phone and whatsapp number at Canada to the concerned SHO/I.O. Within 15 days of his return to India, the petitioner shall deposit his passport back to the trial Court. However, it is clarified that such deposit shall not restrict the petitioner to apply again for permanent release of his passport, if necessity arises.

(ANOOP CHITKARA)

JUDGE

Dated : 24^th June, 2022