Hukum Singh v. Union Of India And Others

104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12611 of 2024 Date of Decision:27.05.2024 Hukum Singh ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Vikasdeep Singh, Advocate for the petitioner Mr. Amit Sharma, Senior Panel 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 No. 1 and 2 to re-issue him passport.

2.

The petitioner, on the earlier occasion, was issued passport on 18.11.2010 which expired on 17.11.2020. He was embroiled in FIR No. 01 dated 02.01.2019, under Sections 323, 325, 149 of IPC, registered at Police Station, Talwandi Choudarian, District Kapurthala. He applied for reissuance of passport vide application dated 29.04.2023. He is not involved in any other offence still passport authority is not issuing him passport. 3.

Learned counsel for the petitioner submits that police after completing investigation has filed its report under Section 173 Cr.P.C. He further 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.

PARAMJIT KAUR SAINI 2024.05.27 02:26 I attest to the accuracy and integrity of this document

CWP No.12611 of 2024 -24.

Notice of motion.

5.

Mr. Amit Sharma, Senior Panel Counsel for Union of India and Mr. Aman Dhir, DAG, Punjab, who on advance notice are present in Court, accept notice and waive service.

6.

With the consent of both sides, the petition is taken up for final disposal today itself.

7.

Mr. Aman Dhir, DAG, Punjab, concedes to the statement made by counsel for the petitioner and states that till date cancellation report has not been accepted.

8.

Faced with this, 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 eight weeks.

9.

Learned counsel for the petitioner agrees to the aforesaid arrangement.

10.

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 13.06.2024 alongwith requisite documents. On doing so, the passport authority would pass an appropriate order within eight weeks from 13.06.2024.

(JAGMOHAN BANSAL) JUDGE 27.05.2024 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2024.05.27 02:26 I attest to the accuracy and integrity of this document