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High Court of Punjab and HaryanaCWP/17836/2023disposed of

Dev Raj Suman v. Union Of India And ORS.

2023-08-25Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH    CWP No. 17836 of 2023 Date of Decision:25.08.2023 Dev Raj Suman ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Munish Bhardwaj, Advocate for the petitioner Mr. Arihant Goyal, Advocate for the Union of India *** JAGMOHAN BANSAL, J. (ORAL) 1.

On 18.08.2023, following order was passed by this Court:- "1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to renew his passport. 2.

The petitioner was issued passport No.V021743 dated 21.07.2006 which came to expire on 20.07.2016. An FIR No.147 dated 24.07.2011, under Sections 376 and 420 of IPC came to be registered against the petitioner. The petitioner was sentenced to imprisonment of 7 years. The petitioner preferred CRA-S No.4922-SB-2014 before this Court. The sentence of the petitioner came to be suspended vide order dated 24.05.2016 passed by this Court. The petitioner applied for renewal of his passport, however, respondent has withheld application of the petitioner. The case of the petitioner does not fall either PARAMJIT KAUR SAINI 2023.08.25 13:03 I attest to the accuracy and authenticity of this order/judgment

CWP No. 17836 of 2023 -2- 2023:PHHC:111427 under Clause (e) or (f) of Section 6(2) of the Passport Act, 1967, thus, petitioner is entitled to renewal of his passport.

3.

Learned counsel for the respondents seeks time to get instructions.

4.

Adjourned to 25.08.2023."

2.

Mr. Arihant Goyal, counsel for Union of India submits that petitioner may be directed to appear before the passport authority alongwith requisite documents and the passport authority would pass an appropriate order, considering judgment of this Court in Mohan Lal @ Mohna vs. Union of India and others, CWP No. 27167 of 2018.

3.

In the wake of statement of learned counsel for Union of India, the petition stands disposed of with a direction to petitioner to appear before Passport Authority on 4.9.2023 with requisite documents and on doing so, the Passport Authority would pass an appropriate order within four weeks from the date of appearance. (JAGMOHAN BANSAL) JUDGE 25.08.2023 paramjit Whether speaking/reasoned: Yes 

   PARAMJIT KAUR SAINI 2023.08.25 13:03 I attest to the accuracy and authenticity of this order/judgment