Sukhdev Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: April 29th, 2025 Sukhdev Singh .....Petitioner

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Vaibhav Sehgal, Advocate for the petitioner.

Mr. Amit Rana, Senior Deputy Advocate General, Punjab. Mr. Vipul Aggarwal, Senior Panel Counsel, UOI for respondent N.o2.

MANJARI NEHRU KAUL, J.

Petitioner is seeking issuance of directions to respondents No.1 to 3 to take decision on representation/letter dated 04.07.2022 (Annexure P-4) addressed to respondent No.3-Director, Bureau of Investigation, Punjab, Chandigarh by respondent No.4Commissioner of Police, Ludhiana. 2.

In compliance of order dated 06.08.2024, reply by way of affidavit of Assistant Commissioner of Police, Industrial Area-B, Ludhiana, on behalf of respondent Nos.1 and 4 has been filed in Court, which is taken record subject to just exceptions. Learned State counsel has apprised this Court that the Commissioner of Police, Ludhiana, vide communication dated 15.07.2023, addressed a request to the Bureau of Immigration (BOI) seeking sanction under the relevant provisions. Pursuant thereto, the Director, BOI, forwarded the said request to the Department of Home Affairs and Justice, Government of Punjab,

-2through a letter dated 27.07.2023. However, the BOI subsequently raised certain objections and returned the file to the Commissioner of Police, Ludhiana (respondent No.4), for necessary compliance. 3.

Thereafter, respondent No.3 vide letter dated 07.04.2025, once again raised certain objections. In response, the Deputy Commissioner of Police (Headquarters), Ludhiana, vide letter dated 10.04.2025, conveyed that the deficiencies pointed out in relation to the FIR in question had been duly rectified by the SHO, Police Station Division No.6, Ludhiana. It is further stated that the complete file, along with the D.A. Legal certificate, sanctioned papers, kharda, and a pen drive containing relevant material, was resubmitted in original for appropriate consideration.

4.

In support of the above submission, the State counsel has invited the attention of this Court to the letter dated 10.04.2025 annexed as Annexure R-1. He has further submitted that respondent No.3 has, vide subsequent communication dated 11.04.2025, once again addressed the Secretary, Department of Home Affairs and Justice, Government of Punjab, Chandigarh, requesting expeditious grant of the requisite sanction under Section 15 of The Passport Act. 5.

At this stage, learned counsel for the petitioner submits that he would be satisfied if appropriate directions are issued to respondents No.1 to 3 to take a final decision on the issue of sanction in a time bound manner.

6.

In view of the limited prayer made by the learned counsel for the petitioner, and without expressing any opinion on the merits of the case, the present petition is disposed of with a direction to respondents No.1 to 3 to take an appropriate and informed decision

-3regarding the grant or refusal of sanction, strictly in accordance with law, as expeditiously as possible and preferably within a period of four weeks from today.

April 29th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No