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High Court of Punjab and HaryanaCWP/6910/2024disposed of

Ajay Singh And Others v. Union Of India And Others

2024-04-03Mr. Justice Jagmohan Bansal2 pages

CWP-6910-2024 2024:PHHC:044414 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-6910-2024 Date of Decision : 03.04.2024 AJAY SINGH AND OTHERS ... PETITIONERS

Versus

UNION OF INDIA AND OTHERS ... RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Ms. Neeru Bansal, Advocate for Mr.Neeraj Goel, Advocate for the petitioners.

Mr. K.K.Jund, Sr. Panel Counsel for Ms. Simran Grewal, Advocate for the respondent-UOI.

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

The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking direction to respondents No. 1 and 2 to reissue them passport. 2.

The petitioners were embroiled in FIR No. 248 dated 24.05.2016, under Sections 498A, 406, 323, 312, 506 read with Section 34 of IPC, registered at Police Station Sadar Thanesar. They were convicted under Section 498-A of IPC by trial court vide judgment dated 31.10.2019. As per Section 6(2) of the Passport Act, 1967, passport cannot be issued to a person who has been subjected to punishment of two years or more within five years prior to filing application seeking passport.

Anju Goel 2024.04.03 17:11 I attest to the accuracy and integrity of this document Chandigarh

CWP-6910-2024 2024:PHHC:044414  3.

Learned counsel for the petitioners submits that the petitioners have been convicted under Section 498-A of IPC and offence punishable under said Section does not involve moral turpitude.

4.

Mr. K.K.Jund, Sr. Panel Counsel submits that 05 years period from the date of conviction has not passed, however, passport authority would consider claim of the petitioner that offence punishable under Section 498-A of IPC does not involve moral turpitude and pass an appropriate order within 08 weeks from today.

5.

In the wake of statement of learned counsel for the respondent-UOI, the present petition stands disposed of.

(JAGMOHAN BANSAL) JUDGE 03.04.2024 anju Whether speaking/reasoned Yes/No Whether reportable Yes/No  Anju Goel 2024.04.03 17:11 I attest to the accuracy and integrity of this document Chandigarh