Sarban Singh vs Union Of India And Ors
2022 Latest Caselaw 12000 P&H

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

205                                           CWP No.20761 of 2021
                                              Date of Decision: 22.09.2022

Sarban Singh                                              ...Petitioner

                                 Versus

Union of India and others                                 ...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS SURI

Present:-    Mr. Vivek K. Thakur, Advocat, for the petitioner.
             Ms. Amrita Singh, Advocate, for respondent No.1 and 2.
             Ms. Ambika Bedi, AAG, Punjab, for respondent Nos.3 to5.
                                 *****
VIKAS SURI, J. (Oral)

Learned counsel for respondent Nos.1 and 2 submits that

pursuant to the communications dated 11.05.2021, 21.05.2021 and

28.05.2021 (Annexures P-2 to P-4), the petitioner has not contacted the

passport authorities and on account of the same, the case file stands closed

on 22.10.2021. Accordingly, the petitioner has to apply afresh and on doing

so, the same would be considered in accordance with law.

Learned counsel for the petitioner is not in a position to dispute

closure of the file on the fact that the same was on account of want of

clarification/further information from the petitioner.

Learned counsel for the petitioner assertively submits that the

petitioner has not been chargesheeted in the case FIR No.15 dated

30.01.2014 under Sections 323, 324, 34, 452 and 326 of the IPC registered

at Police Station Sadar Kapurthala, District Kapurthala and as such no

criminal proceedings are pending against the petitioner in terms of Section

6(2)(f) of the Passports Act, 1967.

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Learned counsel would further submit that the aforesaid

proposition of law is no longer res integra and stands settled by a coordinate

Bench by the decision in Daler Singh vs. Union of India and others 2015

(8) RCR (Civil) 618 and Sahib Jaskaran Singh vs. Union of India and

others 2016, (2) RCR (Civil) 798. The respondents are not in a position to

dispute the aforesaid proposition of law and also submits that there is no

contrary view to the same.

In view of the above noticed submissions, learned counsel for

the petitioner seeks withdrawal of the petition, with liberty to apply afresh

for issue of passport and also liberty to append the afore noticed judgments

under the column for list of other documents in the passport application

form, if so permissible in law.

Dismissed as withdrawn with liberty as aforesaid.

September 22, 2022                                   (VIKAS SURI)
vcgarg                                                  JUDGE

             Whether speaking/reasoned               Yes

             Whether reportable                      No




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