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High Court of Punjab and HaryanaCWP/1012/2023disposed of

Mandeep Singh v. Union Of India And ANR

2023-12-04Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 2023:PHHC:153844 CWP No.1012 of 2023 Date of Decision:04.12.2023 Mandeep Singh ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Prateek Pandit, Advocate for the petitioner Mr. Karan Singh, Central Govt. Counsel for the Union of India Mr. Inderpreet Singh Kang, AAG, Punjab *** JAGMOHAN BANSAL, J. (ORAL) 1.

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

2.

Reply by way of affidavit dated 04.12.2023 of Sarvanjit Singh, Deputy Superintendent of Police, Sub Division, Fatehgarh Churian, Police District Batala, on behalf of respondent No. 3 is taken on record. Registry is directed to tag the same at appropriate place. 3.

An FIR No. 15 dated 20.02.2021, under Sections 307, 324, 323, 506, 148 and 149 of IPC was registered against few persons at Police Station, Ghanie Ke Banger, District Batala, who, in retaliation, lodged DDR No. 22 dated 07.03.2021, under Sections 323, 324, 34 of IPC at the same PARAMJIT KAUR SAINI 2023.12.04 16:06 I attest to the accuracy and authenticity of this order/judgment

CWP No.1012 of 2023 -2- 2023:PHHC:153844 policestation. The police after completing investigation filed report under Section 173 Cr.P.C. against others and found the petitioner innocent. 4.

Learned counsel for the petitioner submits that police, on the one hand, has found the petitioner innocent in the aforesaid DDR still adverse report has been sent to the passport authority. The case of the petitioner is squarely covered by judgment of this Court in Mohan Lal @ Mohna vs. Union of India and others 2023 SCC Online P&H 1391  Learned counsel for Union of India, who on advance notice is present in Court, submits that passport could not be issued because of adverse police report. On being confronted with reply filed by State, he submits that case of the petitioner would be re-considered and an appropriate order would be passed within six weeks from today. 6.

In the wake of statement of learned counsel for Union of India, the petition stands disposed of.

(JAGMOHAN BANSAL) JUDGE 04.12.2023 paramjit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.12.04 16:06 I attest to the accuracy and authenticity of this order/judgment