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High Court of Punjab and HaryanaCWP/7770/2024disposed of

Saraj Singh v. Union Of India And Others

2024-05-02Mr. Justice Jagmohan Bansal3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 

CWP No.7770 of 2024 Date of Decision:02.05.2024 Saraj Singh ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Devansh Gupta, Advocate for Mr. Rahul Arora, Advocate for the petitioner Ms. Amrita Singh, Central Govt. Counsel for the Union of India Mr. Aman Dhir, DAG, Punjab *** 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 issue him passport.

2.

The petitioner vide application dated 08.01.2024 has applied for passport. He was embroiled in four FIRs. i.e. FIR No. 75 dated 20.06.2020, under Sections 336, 324, 323, 148, 149 of IPC & Section 27/54/59 of the Arms Act, 1959, registered at Police Station Makhu, District Ferozepur, FIR No. 60 dated 05.06.2021, under Sections 324, 323, 34 of IPC, registered at Police Station Makhu, District Ferozepur, FIR No. 96 dated 21.06.2022, under Sections 307, 447, 511, 506, 427, 336, 148, 149, 336 of IPC & Sections 25, 27 of the Arms Act, 1959, registered at Police

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Station Makhu, District Ferozepur and FIR No. 56 dated 15.09.2023, under Sections 452, 323, 506, 427, 336, 148, 149 of IPC & Section 25/27/54 of the Arms Act, 1959, registered at Police Station Fatehgarh, Panjtoor, District Moga.

3.

Counsel for the petitioner submits that case of the petitioner is squarely covered by judgment of this Court in Mohan Lal @ Mohna vs. Union of India and others 2023 SCC Online P&H 1391. 4.

Notice of motion.

5.

Ms. Amrita Singh, Central Government Counsel for Union of India and Mr. Aman Dhir, DAG, Punjab, who on advance notice are present in Court, accept notice and waive service.

4.

Mr. Aman Dhir, DAG, Punjab, submits that FIR No. 75 dated 20.06.2020 & FIR No. 96 dated 21.06.2022 stand cancelled and in FIR No. 60 dated 05.06.2021 & FIR No. 56 dated 15.09.2023, investigation is still going on.

5.

Faced with this, Ms. Amrita Singh, Central Government Counsel for Union of India submits that petitioner may be directed to appear before the passport authority alongwith requisite documents and the passport authority, thereafter, would pass an appropriate order after considering the afore-stated judgment within six weeks.

6.

Learned counsel for the petitioner agrees to the aforesaid arrangement.

7.

In the wake of statement of both sides, the petition stands disposed of with a direction to petitioner to appear before the passport

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authority on 27.05.2024 alongwith requisite documents. On doing so, the passport authority would pass an appropriate order within six weeks from 27.05.2024.

(JAGMOHAN BANSAL) JUDGE 02.05.2024 paramjit Whether speaking/reasoned: Yes Whether reportable:

No