Kamalvir Singh vs Union Of India And Ors
2022 Latest Caselaw 1263 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

Sr. No.101+210                         CM No.2708-CWP-2022 in/and
                                       Civil Writ Petition No.14956 of 2021
                                       Date of Decision : March 07, 2022

Kamalvir Singh                                                   ...Petitioner

                                           Versus

Union of India and others                                       ...Respondents


CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:       Mr. S.K. Kamboj, Advocate, for the petitioner.

               Ms. Tanvi Jain, Advocate, for respondents No.1 & 2.

               Ms. Simran Grewal, AAG, Punjab, for respondents No.3 to 5.
               *****

SUDHIR MITTAL, J. (ORAL)

CM-2708-CWP-2022

This application has been filed for placing on record reply on

behalf of respondent No.2.

For the reasons stated in the application, the same is allowed

and reply aforementioned is taken on record.

CWP-14956-2021

The petitioner was not being issued a passport on account of

adverse police verification report. The adverse police verification report

was given as appeal against acquittal was pending.

Reply on behalf of State has been filed, wherein it has been

submitted that the State has no objection in case a passport is issued.

Learned counsel for respondents No.1 & 2 submits that in view

of the fact that the State has no objection, the petitioner is to make a fresh

application.

                                  1 of 2

 CM No.2708-CWP-2022 in/and                                              --2--
Civil Writ Petition No.14956 of 2021

Pendency of an appeal against acquittal is no ground to refuse a

passport. Thus, the adverse police verification report was illegal. The

passport authority should have taken into consideration the fact that the

petitioner was acquitted as a copy of the judgment of acquittal was supplied

by him and should not have relied upon the police verification report.

The writ petition is allowed. Respondents No.1 & 2 are

directed to issue a passport to the petitioner within four weeks from the date

of receipt of a certified copy of this order. The petitioner should file a fresh

applicaton within ten days from today.

March 07, 2022                                            (SUDHIR MITTAL)
Ankur                                                         JUDGE
Whether speaking/reasoned               Yes/No

Whether Reportable                      Yes/No




                               2 of 2