Sumedh Gulati v. Union Of India And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 2024:PHHC:052418 CWP No. 8494 of 2024 Date of Decision:19.04.2024 Sumedh Gulati ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Amaninder Preet, Advocate for the petitioner Ms. Monica Chawla, Central Govt. Counsel for the Union of India Mr. Pawan Kumar, 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 respondent to re-issue him passport.

2.

The petitioner was issued passport on 27.12.2004 which expired on 26.12.2014. Three FIRs were registered against the petitioner. FIR No.98 dated 06.06.2014, under Sections 420,120-B of IPC, registered at Police Station, City Kharar, District SAS Nagar Mohali, stands quashed. In FIR No.62 dated 22.03.2014, under Sections 120-B, 420, 406, 465, 467, 468, 471 of IPC, registered at Police Station, Phase-I, Mohali, he stands acquitted and in FIR No. 3 dated 08.01.2016, under Sections 419, 420, 465, 467, 468, PARAMJIT KAUR SAINI 2024.04.19 02:13 I attest to the accuracy and integrity of this document

CWP No. 8494 of 2024 -2- 2024:PHHC:052418 471,120-B of IPC, the police has filed cancellationreport. The matter is pending before trial court for recording statement of complainant. 3.

Mr. Aminder Preet, Advocate 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.

Mr. Pawan Kumar, DAG, Punjab confirms factual position as narrated above of aforesaid FIR(s).

5.

Faced with this, Ms. Monica Chawla, Advocate assures the Court that passport authority would pass an appropriate order considering status of afore-stated FIRs and judgment of this Court in Mohan Lal @ Mohna (supra). The petitioner may be directed to appear before the passport authority alongwith requisite documents and the passport authority, thereafter, would pass an appropriate order within eight 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 authority on 13.05.2024 alongwith requisite documents. On doing so, the passport authority would pass an appropriate order within eight weeks from 13.05.2024.

(JAGMOHAN BANSAL) JUDGE 19.04.2024 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2024.04.19 02:13 I attest to the accuracy and integrity of this document