Sushil Kumar v. Union Of India And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH




CWP No. 4974 of 2024 Date of Decision:04.03.2024 Sushil Kumar ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Saransh Sabharwal, Advocate for the petitioner Mr. Hemant Hans, 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. 2 to decide his application dated 02.02.2021 and issue him passport. 2.

The petitioner vide application dated 02.02.2021 applied for passport. The petitioner was implicated in FIR No. 36 dated 03.02.2014, under Sections 148, 149, 307,323, 506 of IPC and Sections 27 and 30 Arms Act, 1959, registered at Police Station, Uchana. He was convicted vide judgment dated 12.02.2020 passed by trial court and was awarded sentence of three years. He has filed appeal CRA-S-787-SB of 2020 before this Court which is still pending. Sentence has already been suspended. 3.

Notice of motion.

PARAMJIT KAUR SAINI 2024.03.04 06:27 I attest to the accuracy and integrity of this document

CWP No. 4974 of 2024 -2- 2024:PHHC:030231 4.

Mr. Hemant Hans, Central Government Counsel for Union of India, who on advance notice is present in Court, accepts notice and waives service.

5.

Mr. Hemant Hans submits that as per his instructions file of the petitioner was closed in 2021 itself, thus, no cause survives and petitioner is at liberty to file fresh application which would be decided, in accordance with law.

6.

In the wake of statement of counsel for Union of India, counsel for the petitioner states that the present petition may be disposed of as not pressed, however, liberty may be granted to petitioner to approach competent authority.

7.

Disposed of as not pressed with liberty as aforesaid. (JAGMOHAN BANSAL) JUDGE 04.03.2024 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2024.03.04 06:27 I attest to the accuracy and integrity of this document