Punjab-Haryana High Court
Ankush Gupta vs Sunita Rani Gupta And Others on 23 November, 2020
Author: Jaswant Singh
Bench: Jaswant Singh
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
LPA-832-2020 (O&M)
(IN CWP-9348-2020)
Date of Decision:23.11.2020
Dr. Ankush Gupta
...Appellant
Versus
Dr. Sunita Rani and others
...Respondents
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH
HON'BLE MR. JUSTICE SANT PARKASH
Present: Mr. Dhiraj Chawla, Advocate for the appellant.
JASWANT SINGH, J. (ORAL)
[The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court.] The present appeal is directed against the interim order dated 12.11.2020 passed by the learned Single Judge in a Criminal Writ petition filed by wife of the appellant i.e. Dr. Sunita Rani Gupta, praying for issuance of a writ in the nature of habeas corpus for producing three minor children presently staying in Bangaluru, in the custody of the husband/appellant in the Court on 23.11.2020, i.e. today itself.
We are not inclined to interfere as Letters Patent Appeal against an interim order passed in a criminal writ jurisdiction, in our view would not be maintainable.
At this stage, counsel for the appellant submits that identity documents are required for making travel arrangements by air for producing the three minor children at Chandigarh. The said necessary documents are in the possession of the respondent-mother.
In our view, this prayer has to be made before the learned 1 of 2 ::: Downloaded on - 20-12-2020 07:24:28 ::: LPA-832-2020 (O&M) -2- Single Judge itself which shall consider the desirability of releasing of any of the claimed documents.
The appellant is at liberty to make such a request before the learned Single Judge.
In view of the above, learned counsel for the appellant prays for permission to withdraw the present appeal.
Dismissed as withdrawn.
(JASWANT SINGH) JUDGE (SANT PARKASH) 23.11.2020 JUDGE mks Whether speaking/reasoned: Yes / No Whether Reportable: Yes / No 2 of 2 ::: Downloaded on - 20-12-2020 07:24:29 :::