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High Court of Punjab and HaryanaCWP/1809/2024disposed of

Kanwaljeet Singh v. Union Of India And Others

2024-01-29Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 2024:PHHC:011026 CWP No.1809 of 2024 Date of Decision:29.01.2024 Kanwaljeet Singh ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Jasdeep Singh Kailey, Advocate for the petitioner Mr. Yash Pal Sharma, Central Govt. Counsel for the Union of India *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondent No. 3 to re-issue him passport.

2.

The petitioner vide application dated 09.08.2023 has applied for passport. The petitioner was implicated in FIR No. 70 dated 27.03.1999, under Sections 302, 364, 342, 223, 193, 120-B of IPC, registered at Police Station, Kotwali, District Bathinda. The trial court vide judgment dated 14.01.2014 held the petitioner guilty and he was awarded imprisonment for life. The petitioner preferred CRA-D-349-DB of 2014 before this Court which is still pending. The sentence of the petitioner was suspended vide order dated 17.02.2022 passed by a Division Bench of this Court. PARAMJIT KAUR SAINI 2024.01.29 06:02 I attest to the accuracy and integrity of this document

CWP No.1809 of 2024 -2- 2024:PHHC:011026 3.

Counsel for the petitioner submits that petitioner was subjected to sentence of five years prior to filing application seeking passport, thus, his case is squarely covered by judgment of this Court in Mohan Lal @ Mohna vs. Union of India and others 2023 SCC Online P&H 1391  Notice of motion 5.

Mr. Yash Pal Sharma, Central Government Counsel for Union of India, who on advance notice is present in Court, accepts notice and waives service. He does not dispute the fact that case of the petitioner is covered by the afore-said judgment of this Court. He further submits that application of the petitioner would be processed and disposed of within six weeks from today.

6.

In the wake of statement of counsel for Union of India, the petition stands disposed of. It is made clear that order of this Court and issuance of passport by passport authority would not create any right in favour of the petitioner to travel abroad.

(JAGMOHAN BANSAL) JUDGE 29.01.2024 paramjit Whether speaking/reasoned: Yes Whether reportable: No PARAMJIT KAUR SAINI 2024.01.29 06:02 I attest to the accuracy and integrity of this document