Gurdip Singh v. Union Of India And Others

CWP-20719-2023 -12023:PHHC:125185

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-20719-2023 Date of Decision : 22.09.2023 Gurdip Singh ......... Petitioner

Versus

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

Mr.J.S.Jaidka, Advocate for the petitioner.

Mr. Ankur Sharma, Sr. Panel Counsel for respondents No.1 to 3-Union of India.

Mr. Rohit Ahuja, DAG, Punjab.

**** JAGMOHAN BANSAL , J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking directions to the respondents to issue passport.

2.

The petitioner vide application dated 07.07.2023 applied for passport. The passport authority sought police verification report from concerned quarter. In the police verification report, it was disclosed that an FIR No.26 dated 24.04.2007, under Sections 307, 325, 323 of IPC and 25, 27 of Arms Act at Police Station Rangar Nangal was registered against the petitioner and he was convicted. It was further disclosed that CRA-S-4145SB-2014 is pending before this Court. On the basis of police verification report, the respondents have refused to grant passport to the petitioner. 3.

Learned counsel for the petitioner submits that the petitioner was convicted and awarded sentence of 07 years. The judgment of ANJU GOEL 2023.09.22 16:54 I attest to the accuracy and integrity of this document

CWP-20719-2023 -22023:PHHC:125185 conviction and order of sentence was passed more than 05 years prior to filing application seeking passport. The sentence of the petitioner has been suspended by this Court vide order dated 12.12.2014 in CRM-34828-2014. He further 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.

4.

Learned counsel for respondents No.1 to 3-UOI submits that the competent authority would pass an appropriate order after considering the judgment of this Court in Mohan Lal @ Mohna's case (supra), if the petitioner files afresh application because earlier application has been disposed of.

5.

In the wake of statement of learned counsels for the parties, the petition stands disposed of with a direction to the respondents to pass an appropriate order within 06 weeks from the date of filing of application by the petitioner seeking passport.

( JAGMOHAN BANSAL ) 22.09.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.09.22 16:54 I attest to the accuracy and integrity of this document