Yunus Khan v. Union Of India And ORS.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH 2023:PHHC:138700 CWP No. 21946 of 2023 Date of Decision:31.10.2023 Yunus Khan ....Petitioner vs.
Union of India and others ....Respondents
CORAM:
HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:
Mr. Mohd. Arshad, Advocate for the petitioner Mr. Karan Kumar Jund, 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 direction to respondent No. 2 to re-issue his passport.
2.
The petitioner was issued passport on 25.06.2009 which expired on 24.06.2019. An FIR No. 91 dated 21.02.2018, under Sections 120-B, 188 and 379 of IPC came to be registered against the petitioner at Police Station, Sadar Tauru. The police after completing investigation presented report under Section 173 Cr.P.C. before trial court on 04.10.2023, however, till date charges have not been framed.
3.
Learned counsel for the petitioner submits that case of the petitioner is squarely covered by judgment of this Court in Mohan Lal @ PARAMJIT KAUR SAINI 2023.10.31 14:21 I attest to the accuracy and authenticity of this order/judgment
CWP No. 21946 of 2023 -2- 2023:PHHC:138700 Mohna vs. Union of India and others 2023 SCC Online P&H 1391and Notification No. 570 dated 25.08.1993 issued by the Central Government. 4.
Learned State counsel confirms the aforesaid factual position with respect to above noted FIR.
5.
Learned counsel for Union of India submits that passport would be issued, however, it would be deposited with trial court as police has already filed challan against the petitioner. 6.
Without commenting upon merit of the case, the respondents are directed to consider application of the petitioner and pass an appropriate order within four weeks from today. If no adverse material is found against the petitioner, the passport may be issued and it may directly be deposited with trial court where trial arising out of aforesaid FIR is pending against the petitioner.
7.
The petitioner is at liberty to move an appropriate application before trial court for visiting abroad.
8.
In view of the above, the petition stands disposed of. (JAGMOHAN BANSAL) JUDGE 31.10.2023 paramjit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.10.31 14:21 I attest to the accuracy and authenticity of this order/judgment