Ridhum Tuli v. Union Of India And ORS

CWP-17267-2023 -12023:PHHC:122737

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-17267-2023 Date of Decision : 19.09.2023 Ridhum Tuli ......... Petitioner

Versus

Union of India and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Sukhandeep Singh, Advocate for the petitioner.

Ms. Amrita Singh, Advocate for respondents No.1 to 3-UOI.

Mr. Deepanjay Sharma, 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 to 3 to process her application dated 10.01.2023 (Annexure P-5) and re-issue passport.

2.

The petitioner was issued passport on 27.05.2013 which was valid upto 26.05.2013. An FIR No.18 dated 23.06.2020 under Sections 307, 336, 270, 420, 467, 468, 471, 188 and 120-B of IPC and Section 7, 12 and 13 of Prevention of Corruption Act, 1988 as amended by (Amendment Act), 2018 at Police Station Vigilance Bureau Range, Amritsar, District Amritsar, came to be registered against the petitioner. The petitioner has been granted concession of anticipatory bail vide order dated 18.05.2023 passed by this Court. The petitioner has been granted concession of bail in terms of Section 438 Cr.P.C. which enjoins that the applicant cannot leave ANJU GOEL 2023.09.19 17:01 I attest to the accuracy and integrity of this document

CWP-17267-2023 -22023:PHHC:122737 country without permission of the Court. The petitioner applied for reissuance of passport, however, respondent has not issued passport on the ground of pendency of aforesaid FIR.

3.

Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment of this Court in Mohan Lal @ Mohna vs. Union of India and others, 2023 SCC Online (P&H) 1391 because till date, police has not completed investigation and filed its report under Section 173 Cr.P.C.

4.

Learned State counsel submits that the police authorities would submit verification report to passport authorities within two weeks with respect to FIRs pending against the petitioner. 5.

Learned counsel for respondents No.1 to 3-UOI assures the Court that the competent authority would pass an appropriate order after considering the judgment of this Court in Mohan Lal @ Mohna's case (supra), on receipt of verification report from State within 04 weeks thereafter.

5.

In the wake of statement of learned counsels for the parties, the petition stands disposed of.

( JAGMOHAN BANSAL ) 19.09.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.09.19 17:01 I attest to the accuracy and integrity of this document