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High Court of Punjab and HaryanaCWP/25408/2023disposed of

Swaran Singh v. Union Of India And Another Through Secretary

2023-11-17Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH  

CWP No.25408 of 2023 Date of Decision:17.11.2023 Swaran Singh ....Petitioner vs.

Union of India through Secretary and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Hardik Ahluwalia, Advocate for Mr. A.S.Manaise, Advocate for the petitioner Ms.Gehna Vaishnevi, Central Govt. Counsel for the Union of India *** 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 his passport.

2.

An FIR No. 84 dated 15.05.2010, under Sections 307, 341, 323 and 34 of IPC was registered against the petitioner at Police Station Sadar Ferozepur, District Ferozepur. The petitioner vide judgment dated 19.05.2017 passed by Additional Sessions Judge, Ferozepur, was convicted and awarded sentence of six months. The petitioner has preferred CRA-S2241-SB of 2017 before this Court. The sentence of the petitioner stands suspended vide order dated 02.06.2017 passed by this Court. PARAMJIT KAUR SAINI 2023.11.17 14:25 I attest to the accuracy and authenticity of this order/judgment

CWP No.25408 of 2023 -2- 2023:PHHC:146016 3.

Learned counsel for the petitioner states that petitioner was subjected to sentence of less than two years even otherwise period of five years has expired from the date of conviction. The 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.

Learned counsel for Union of India submits that petitioner may be directed to appear before passport authority alongwith all the documents relating to afore-mentioned FIR. The passport authority, thereafter, within six weeks would decide application of the petitioner. 5.

In the wake of statement of learned counsel for Union of India, the petition stands disposed of with a direction to petitioner to appear before passport authority on 11.12.2023 alongwith all documents relating to the afore-mentioned FIR.

(JAGMOHAN BANSAL) JUDGE 17.11.2023 paramjit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.11.17 14:25 I attest to the accuracy and authenticity of this order/judgment