Jasvir Singh Billing v. Union Of India And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH


 

CWP No.25255 of 2023 Date of Decision:08.11.2023 Jasvir Singh Billing ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Satbir Singh Gill, Advocate for the petitioner Mr. Ankur 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 setting aside of communication dated 04.08.2023 whereby re-issuance of passport has been withheld on account of pending criminal case.

2.

The petitioner was convicted vide judgment dated 24.09.2019 passed by Additional Sessions Judge, Sangrur. The petitioner has been awarded sentence of life imprisonment. The petitioner has preferred CRAD-848 of 2019 before this Court. The sentence of the petitioner stands suspended vide order dated 10.11.2021.

PARAMJIT KAUR SAINI 2023.11.08 16:09 I attest to the accuracy and authenticity of this order/judgment

CWP No.25255 of 2023 -2- 2023:PHHC:142390 3.

A period of five years from the date of conviction has not expired, thus, petitioner in terms of Section 6(2) of the Passport Act is not entitled to passport.

4.

Faced with this, learned counsel for the petitioner seeks permission to withdraw the instant petition, however, prays that passport authority may be directed to consider his case on the expiry of five years. 5.

Learned counsel for Union of India, who on advance notice is present in Court, submits that case of the petitioner would be considered in accordance with law.

6.

In the wake of statement of learned counsel for the parties, the petition stands disposed of.

(JAGMOHAN BANSAL) JUDGE 08.11.2023 paramjit Whether speaking/reasoned: Yes Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.11.08 16:09 I attest to the accuracy and authenticity of this order/judgment