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2025 DAILYLAW 8064 (PNJ)

GURDEEP SINGH v. U.T. CHANDIGARH

CRM-M/33944/2025 · 2026-07-14

Sanjay Vashisth

body2025

Judgment text

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CRM-M-33944-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 287 CRM-M-33944-2025 (O&M) Decided on : 14.07.2026 Gurdeep Singh . . . Petitioner(s) Versus U.T. Chandigarh . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Ms. Ritu Punj, Advocate for the petitioner Mr. Manish Bansal, PP for U.T. Chandigarh **** SANJAY VASHISTH, J. (Oral) 1. Petitioner – Gurdeep Singh has filed the instant petition, under Section 528 of BNSS, 2023, seeking permission to leave India during pendency of the proceedings of criminal case arising out of FIR No. 003, dated 20.01.2024, under Sections 420 and 120-B IPC, registered at Police Station Central, Sector 17, Chandigarh. 2. After hearing, learned counsel for the petitioner on 17.11.2025, the following was recorded: “ CRM-30886-2025: (i). This application, under Section 528 of BNSS, 2023, was filed by the applicant/petitioner, for listing the case on some early date, by preponing it from 01.10.2025. (ii). On the statement of learned counsel for the applicant/petitioner, the instant application is disposed of as having been rendered infructuous. CRM-46357-2025: (I). This is an application under Section 528 of BNSS, 2023, for placing on REENA 2026.07.15 13:26 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33944-2025 (O&M) 2 record the documents (Annexures A-1 and A-2), in support of the prayer made in main petition, i.e. for grant of permission to visit abroad for business purposes. (II). Annexure A-1 is the receipt, showing deposit of .32 Bore Revolver, which was deposited by the applicant/petitioner on 01.04.2024, with the police of Police Lines, Sector 26, Chandigarh, and Annexure A-2 is copy of the e-mail received from JMA Hong Kong 2025 in relation to preregistration confirmation letter to participate in the ‘JMA Hong International Jewelry Show 2025’. (III). For the reasons stated in the application, the same is allowed. Documents, Annexures A-1 and A-2 are taken on record. Registry to tag the same at appropriate place. CRM-M-33944-2025 (Main Case): 1. Petitioner – Gurdeep Singh has filed the instant petition, under Section 528 of BNSS, 2023, seeking permission to leave India during pendency of the proceedings of criminal case arising out of FIR No. 003, dated 20.01.2024, under Sections 420 and 120-B IPC, registered at Police Station Central, Sector 17, Chandigarh. 2. Learned counsel for the petitioner contends that the petitioner is the sole proprietor of M/s Pooja Trading Company, and recently he has been registered for participating in the ‘JMA Hong Kong International Jewelry Show 2025’, which will be held from 26.11.2025 to 30.11.2025, in the Hong Kong Convention and Exhibition Centre. In this regard, reference has been made to an e-mail, dated 15.11.2025 (Annexure A-2), which has been received from ‘JMAHK, Hong Kong’. 3. Learned counsel for the petitioner also submits that, in fact, subject matter of the criminal proceedings pending against the petitioner, pertains to a dispute of ownership between co-sharers of House No. 3333, Sector 23-D, Chandigarh, and the petitioner is owner to the extent of 50% in the said property. The approximate value of the said property is more than rupees Two crores. The said dispute could have been resolved through civil litigation. Being involved in the criminal case, and to show his bona fide, the petitioner is ready to deposit all original documents of House No. 3333, Sector 23-D, Chandigarh, vis-a-vis his own share, with the trial Court. Further, contends that the petitioner is the only person, who has to visit Hong Kong for the period starting from 25.11.2025 to 01.12.2025, and no other family member would visit alongwith him, as they are already settled here in Chandigarh. 4. Learned counsel also points out the details mentioned in paragraph No. 14 of the petition, wherein 33 instances of petitioner’s foreign visits, from April, 2016 to December, 2019, have been highlighted. Also submits that the petitioner is ready to abide by any of the condition to be imposed by this Court while granting him permission to visit Hong Kong. 5. Mr. Manish Bansal, learned Public Prosecutor, U.T. Chandigarh, who has been supplied copy of Criminal Miscellaneous Application No. CRM-46357-2025 alongwith Annexures A-1 and A-2, submits that the stand taken by the petitioner REENA 2026.07.15 13:26 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33944-2025 (O&M) 3 is entirely difference because it has been specifically mentioned in para No. 4 of the said application that the petitioner is running the business of cloth, whereas he wanted to go abroad to participate in a Jewellery Trade show. This creates a doubt, and there are chances that the petitioner will not return back to India, once permission is granted by this Court. Thus, prays for declining the prayer made by the petitioner. 6. After issuance of notice of the present petition by this Court, vide order dated 03.07.2025, so far no response or specific denial by way of reply has been filed by the respondent – UT Chandigarh. 7. The proposed visit of the petitioner is for business purposes and there are bleak chances of his absconding or not joining the process of law. In any case, in the happening of any such eventuality, the petitioner is bound to face the consequences, in view of the specific stand taken hereabove that he is ready to deposit all the original papers of the property i.e. House No. 3333, Sector 23-D, Chandigarh, vis-a-vis his own share, with the trial Court. 8. Accordingly, the petitioner is granted permission to visit Hong Kong to participate in the ‘JMA Hong Kong International Jewelry Show 2025’, from 25.11.2025 to 01.12.2025, subject to the condition that within four days from today the petitioner shall deposit all the original papers of the property, i.e. House No. 3333, Sector 23-D, Chandigarh, vis-a-vis his own share, with the trial Court/Illaqa Magistrate/Duty Magistrate. In the event, the petitioner fails to return back to India, and his non-joining the process of law, in case FIR No. 003, dated 20.01.2024, under Sections 420 and 120-B IPC, registered at Police Station Central, Sector 17, Chandigarh, an amount of Rs. 50,00,000/- shall be recovered by selling out the said house, in accordance with law. 9. Awaiting report regarding return back of the petitioner in India on 01.12.2025, this petition is adjourned to 16.12.2025.” 3. Thereupon, on the previous date of hearing i.e. on 16.12.2025, the Court was informed about return of the petitioner back to India on 01.12.2025. Thus, learned counsel for the petitioner submits the present petition may be disposed of as having been rendered infructuous, as the purpose for which it was filed has already been achieved. 4. Ordered accordingly. July 14, 2026 (SANJAY VASHISTH) JUDGE reena Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No REENA 2026.07.15 13:26 I attest to the accuracy and integrity of this document Chandigarh