Gurvinder Singh v. Union Of India And Another

CWP-7701-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-7701-2025 (O&M) Date of Decision: 09.04.2025 Gurvinder Singh ....Petitioner

Versus

Union of India and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Prateek Pandit, Advocate for the petitioner.

Mr. Hemant Hans, Central Government Counsel for the respondents.

*** HARSH BUNGER, J. (Oral) The instant writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of Mandamus for directing the respondents to renew/re-issue the passport to the petitioner.

2.

During the course of hearing of the instant writ petition, learned counsel for the petitioner has not disputed the fact that the petitioner is an accused in case FIR No.123 dated 02.07.2021, under Sections 406, 420, 489-C, 489-D, 489-E of the Indian Penal Code, registered at Police Station Subhanpur, District Kapurthala; wherein trial is pending at the stage of evidence.

3.

On the other hand, learned counsel appearing for the respondents has handed over copies of three letters/intimations dated HIMANI GUPTA 2025.04.15 11:43 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CWP-7701-2025 (O&M) -215.07.2024, 22.07.2024 and 10.09.2024, which are taken on record, subject to all just exceptions.

4.

By referring to the said letters/intimations, learned counsel for the respondents submits that there was an Adverse Police Verification Report received against the petitioner and on that account certain clarifications were sought from the petitioner with a clear indication that in case the petitioner fails to respond to the same, the application submitted by the petitioner will be closed.

5.

It appears that after waiting for considerable time, since the requisite clarifications were not provided by the petitioner, the passport application of the petitioner has been closed. 6.

In view of the above, the present petition is dismissed, however leaving it open to the petitioner to approach the trial Court so as to seek permission to depart from India in terms of the Government Instructions issued vide G.S.R. 570(E) dated 25.08.1993, and thereafter submit a fresh application to the passport authorities for issuance of passport. 7.

It goes without saying that in case, the petitioner submits a fresh application after seeking permission from the trial Court as regards permission to depart from India and/or for issuance of passport, the passport authorities shall process the application and render a final decision thereon within a period of six weeks from the date such application is submitted by the petitioner.

8.

All pending application(s), if any, shall also stand closed. 09.04.2025 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2025.04.15 11:43 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh