Jasdeep Singh v. Union Of India And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-512-2023 (O&M) Date of Decision : 13.09.2023 Jasdeep Singh ......... Petitioner

Versus

Union of India and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Nandan Jindal, Advocate and Mr. Abhinandan Jindal, Advocate for the petitioner.

Mr. Amit Sharma, Advocate for respondents No.1 to 3.

Mr. Deepanjay Sharma, DAG, Punjab for respondent No.4.

**** JAGMOHAN BANSAL , J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking directions the respondents to issue passport.

2.

The petitioner was issued passport on 10.08.2010 which expired on 09.08.2020. The petitioner vide application dated 11.06.2022 applied to re-issue passport. The passport was not issued because of pendency of a number of criminal cases against the petitioner. The passport authority issued notice to the petitioner, however, on account of non-receipt of reply, the respondent closed the file.

3.

Short reply dated 05.09.2023 by way of affidavit of Karan Singh Sandhu, PPS, Deputy Superintendent of Police, Sub Division KhararI, District SAS Nagar, filed by State of Punjab, is taken on record. Registry is directed to tag the same at appropriate place.

-24.

As per reply, the petitioner is involved in 07 FIRs. The status of these FIRs is as below :

S.No.

Particulars of FIRs Status FIR No.300 dated 01.02.2005, U/s Cancellation report 323/326 IPC, P.S. Kharar, Distt. SAS Nagar FIR No.14 dated 12.01.2008, U/s Cancellation report 457/380/427/506/511 IPC, P.S. Kharar, Distt. SAS Nagar FIR No.235 dated 05.08.2008, U/s Quashed 325/323/34 IPC, P.S. Kharar, Distt.

Mohali FIR No.25 dated 05.04.2018, U/s Acquitted 341/323/506 IPC, P.S. Balongi, Distt.

SAS Nagar FIR No.27 dated 10.04.2018, U/s 283 Convicted IPC, P.S. Balongi, Distt. SAS Nagar FIR No.43 dated 21.02.2022, U/s 452, Under Investigation 336, 323, 148, 149, 120-B of IPC & 25 Arms Act, P.S. City Kharar, Distt. SAS Nagar FIR No.29 dated 23.05.2012, U/s 341, Cancellation Report 307, 148, 149 IPC& 25 Arms Act, 5.

Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment of this Court in Mohan Lal @ Mohna vs. Union of India and others, 2023 SCC Online (P&H) 1391. 6.

Learned counsel for respondents No.1 to 3 submits that file of the petitioner has already been closed. The competent authority would pass an appropriate order, if the petitioner files fresh application. He further submits that application, if any, filed by the petitioner would be decided within 06 weeks in the light of judgment passed by this Court in Mohan Lal @ Mohna's case (supra).

-36.

In the wake of statement of learned counsel for the respondents, the petition stands disposed of with liberty to the petitioner to file fresh application seeking passport. If the application is filed, the respondent considering the judgment of this Court in Mohan Lal @ Mohna's case (supra) would pass an appropriate order within 06 weeks thereafter.

( JAGMOHAN BANSAL ) 13.09.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No