Koshy John v. Union Of India And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 2023:PHHC:130350 CWP No.19790 of 2023 Date of Decision:09.10.2023 Koshy John ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Gurnoor Singh Sethi, Advocate for Mr. K.S.Nalwa, Advocate for the petitioner Ms. Saigeeta Srivastava, Central Govt. Counsel for the Union of India Mr. Raman Sharma, Addl. A.G.Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 24.08.2023 (Annexure P-12) whereby passport authorities have refused to re-issue/renew his passport.

2.

Learned counsel for the petitioner inter alia contends that respondent-passport authority has passed the impugned order dated 24.08.2023 in gross violation of principles of natural justice as well as contrary to scheme of the Passport Act, 1967. The police in FIR No. 0019 dated 11.2.2018, under Sections 379-A of IPC (later on Sections 379-A of IPC deleted and Sections 395, 365, 328, 120-B of IPC and Sections 25,54 and 59 of Arms Act added), registered at Police Station Ding, District Sirsa, has not presented challan and petitioner has preferred CRM-M-35346 of 2018 seeking setting aside of afore-stated FIR before this Court and this PARAMJIT KAUR SAINI 2023.10.09 16:13 I attest to the accuracy and authenticity of this order/judgment

CWP No.19790 of 2023 -22023:PHHC:130350 Court vide order dated 29.08.2018 has directed the respondents not to take coercive steps against the petitioner. The said petition is still pending and police has not proceeded further in the aforesaid FIR. He further submits that impugned order is contrary to judgment passed by this Court Mohan Lal @ Mohna vs. Union of India and others 2023 SCC Online P&H 1391 as well as instructions dated 14.03.2023 and respondents have wrongly interpreted instructions dated 25.08.1993 as till date neither challan has been presented against the petitioner nor this Court has recalled its order dated 29.08.2018 (Annexure P-9).

3.

Learned State counsel does not dispute the aforesaid factual position and submits that it is factually correct that challan has not been presented against the petitioner.

4.

Learned counsel for the Union of India expressed her inability to controvert the fact that impugned order is contrary to instructions dated 25.08.1993 as well as judgment of this Court in Mahan Lal (supra). 5.

In the wake of statements of both sides, the impugned order dated 29.08.2018 (Annexure P-9) stands quashed and respondent-Passport Authority is directed to re-consider application of the petitioner in the light of judgment of this Court Mohan Lal (Supra) as well as instructions dated 25.08.1993 and 14.03.2023 issued by the Central Government. (JAGMOHAN BANSAL) JUDGE 09.10.2023 paramjit Whether speaking/reasoned: Yes Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.10.09 16:13 I attest to the accuracy and authenticity of this order/judgment