Kulwant Singh v. Union Of India And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 2023:PHHC:134904 CWP No.19169 of 2023 Date of Decision:17.10.2023 Kulwant Singh ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Rishu Mahajan, Advocate for the petitioner Ms. Amrita Singh, Central Govt. Counsel for the Union of India 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 respondent No. 2 to issue passport.

2.

The petitioner applied for passport on 01.05.2014. The petitioner was not issued passport on account of pending FIRs. The petitioner again applied for passport on 14.06.2022. The application of the petitioner has been closed on account of pending FIRs. 3.

Learned counsel for the petitioner inter alia contends that no criminal case is pending against the petitioner. All the cases have already either been closed or he has already undergone awarded sentence. PARAMJIT KAUR SAINI 2023.10.17 17:12 I attest to the accuracy and authenticity of this order/judgment

CWP No.19169 of 2023 -2- 2023:PHHC:134904 4.

Learned State counsel, who on advance notice is present in Court, on instructions from SI Karamjit Singh, submits that petitioner was involved in five FIRs. The police filed untraced report in FIR Nos. 15 dated 11.07.1992, 39 dated 25.03.1994 and FIR No. 86 dated 08.09.2002. The petitioner was acquitted in FIR No. 54 dated 21.08.2007 and he was convicted in FIR No. 146 dated 14.12.1996. The petitioner in case of conviction was released on probation.

5.

Faced with this, counsel for Union of India submits that application of the petitioner has already been closed and if petitioner files fresh application it would be processed in accordance with law and after considering statement made by learned State counsel. 6.

Learned counsel for the petitioner agrees to the aforesaid arrangement.

7.

In the wake of statements of both sides, the petition stands disposed of with liberty to the petitioner to file a fresh application seeking passport. If petitioner files a fresh application, it would be disposed of expeditiously.

(JAGMOHAN BANSAL) JUDGE 17.10.2023 paramjit Whether speaking/reasoned: Yes/No


   PARAMJIT KAUR SAINI 2023.10.17 17:12 I attest to the accuracy and authenticity of this order/judgment