Jasbir Singh v. Union Of India And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH





CWP-23802-2023 Date of Decision:21.12.2023 Jasbir Singh ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. B.S.Jaswal, Advocate for the petitioner Mr. Amit Sharma, Senior Panel Counsel for Ms. Neha Sharma, Senior Panel Counsel for the Union of India Mr. Inderpreet Singh Kang, AAG, 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 him passport.

2.

The petitioner vide application dated 10.02.2022 has applied for passport. An FIR No. 29 dated 19.03.2018, under Sections 420, 467, 468, 471, 120-B of IPC was registered against the petitioner and others at Police Station, Chatiwind, District Amritsar. The police after completing investigation filed report under Section 173 Cr.P.C. wherein the petitioner has not been arrayed as an accused.

PARAMJIT KAUR SAINI 2023.12.21 17:09 I attest to the accuracy and authenticity of this order/judgment

CWP-23802-2023 -2- 2023:PHHC:164491 3.

Counsel for the petitioner inter alia submits that case of the petitioner is squarely covered by judgment of this Court in Mohan Lal @ Mohna vs. Union of India and others 2023 SCC Online P&H 1391. 4.

Mr. Inderpreet Singh Kang, AAG, Punjab, who on advance notice is present in Court, on instructions from ASI Balwinder Lal, does not dispute the aforesaid factual position with respect to above-noted FIR. 5.

Faced with this, counsel for Union of India, who on advance notice is present in Court, submits that petitioner may be directed to appear before the passport authority alongwith requisite documents and the passport authority, thereafter, would pass an appropriate order after considering the afore-cited judgment within six weeks.

6.

Counsel for the petitioner agrees to the aforesaid arrangement. 7.

In the wake of statements of both sides, the present petition is disposed of with a direction to petitioner to appear before the passport authority on 08.01.2024 alongwith requisite documents. On doing so, the passport authority would pass an appropriate order, in accordance with law, within six weeks from 08.01.2024.

(JAGMOHAN BANSAL) JUDGE 21.12.2023 paramjit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.12.21 17:09 I attest to the accuracy and authenticity of this order/judgment