The High Court reviewed a bail petition where the petitioners joined an investigation into passport misuse. The court made the order absolute, directing them to join the investigation and comply with Cr.P.C. Section 438(2).
Order dated 15.7.2009 made absolute; petitioners ordered to join investigation; petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM M-18738 of 2009 98
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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
CRM Nos.33754, 45937 and 45938 of 2009 and CRM M-18738 of 2009
Date of Decision: 11.9.2009
Balwinder Kaur and others
..Petitioners.
Vs.
State of Punjab
..Respondent.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present : Mr.Rajiv Vij, Advocate for the petitioners. Mr.K.D.Sachdeva, Addl.AG Punjab for the respondent/State.
RAKESH KUMAR JAIN, J. ( Oral)
CRM Nos.33754, 45937 and 45938 of 2009
Allowed as prayed for.
Main Case
Counsel for the petitioners submits that basically the dispute is between husband and wife. The complainant-wife has alleged that her passport containing visa and the passport of her daughter was forcibly taken away by her husband and the present petitioners, who are father, brother, sister and sister-in-law of the husband had also connived. It is also submitted that both complainant and her husband have already left for Germany. It is further submitted that the petitioners have joined the investigation. This fact is admitted by the counsel for the State, on instructions received from ASI Balwan Singh.
CRM M-18738 of 2009 98
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In view of the above, order dated 15.7.2009 is hereby made absolute. They shall keep on joining the investigation as and when called for. They shall also abide by the provisions of Section 438(2) Cr.P.C.
The petition stands disposed of.
11.9.2009 Meenu
(Rakesh Kumar Jain) Judge
1 issue framed by the court
Whether the petitioners be granted proceedings under Section 438(2) of Cr.P.C. to join in the investigation.
1 provisions across 1 enactments
Balwinder Kaur and others
State of Punjab
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
