Vishal Bhardwaj v. Union Of India And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH




CWP No.2912 of 2024 Date of Decision:09.02.2024 Vishal Bhardwaj ....Petitioner vs.

Union of India and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Shubham Mehta, Advocate for the petitioner Ms. Neha Sharma, Senior Panel 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 respondents to decide his representation dated 20.11.2023 (Annexure P-6) in a time bound manner. 2.

The petitioner was issued passport on 27.05.2011 which expired on 26.05.2021. The petitioner vide application dated 11.02.2023 applied for re-issuance of passport. The petitioner has been summoned in two complaint cases, filed under Section 138 of the Negotiable Instruments Act, 1881. The petitioner has filed representation dated 20.11.2023 seeking issuance of passport but to no avail.

3.

Mr. Shubham Mehta, counsel for petitioner submits that petitioner is not seeking permission to visit abroad whereas he is seeking rePARAMJIT KAUR SAINI 2024.02.09 06:07 I attest to the accuracy and integrity of this document

CWP No.2912 of 2024 -2- 2024:PHHC:018201 issuance of passport, thus, passport authorities can re-issue passport without permission of the trial court.

4.

Notice of motion.

5.

Ms. Neha Sharma, Senior Panel Counsel for Union of India, who on advance notice is present in Court, accepts notice and waives service.

6.

Ms. Neha Sharma submits that petitioner is facing trial in two complaint cases and as per Notification No. 570 dated 25.08.1993, the petitioner is supposed to approach trial court to get direction to passport authorities for re-issuance of passport. The petitioner cannot be issued passport until and unless there is order of trial court. Nevertheless, the passport authorities would look into representation of the petitioner and pass an appropriate order within three months from today. 7.

In the wake of statement of counsel for Union of India, the petition stands disposed of. The petitioner is at liberty to approach trial court for appropriate direction.

(JAGMOHAN BANSAL) JUDGE 09.02.2024 paramjit Whether speaking/reasoned: Yes Whether reportable: No PARAMJIT KAUR SAINI 2024.02.09 06:07 I attest to the accuracy and integrity of this document