Punjab-Haryana High Court
Moher Singh vs Union Of India And Ors on 3 August, 2023
Neutral Citation No:=2023:PHHC:099667
In the High Court of Punjab and Haryana at Chandigarh
107 2023:PHHC:099667
CWP-14599 of 2023
Date of Decision: 03.08.2023
Moher Singh
---Petitioner
versus
Union of India and others
---Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Chahit Bansal, Advocate
for the petitioner
Ms. Monica Chawla, Advocate
for Union of India
Mr. Deepanjay Sharma, D. A.G, Punjab
****
JAGMOHAN BANSAL, J. (ORAL)
1. The petitioner through the instant petition under Articles
226/227 of the Constitution of India is seeking direction to respondent
No. 4 to issue passport which was applied on 09.01.2023.
2. Learned counsel for the petitioner inter alia contends that
FIR No. 88 dated 08.08.2017, under Sections 148, 323 and 341 of IPC at
Police Station Bareta was registered against the petitioner. The trial
court vide order dated 20.01.2023 (Annexure P-5) acquitted the
petitioner. The complainant has preferred appeal against judgment of
acquittal which is pending before Appellate Court. The case of
petitioner is not covered by Clause (e) or (f) of Section 6(2) of the
Passport Act, 1967.
3. Ms. Monica Chawla, counsel for Union of India submits
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that she has instructions to say that petitioner may be directed to supply
copy of Court order, in terms of Notification No. 570 dated 25.08.1993
issued by Central Government. As soon as the petitioner would submit
copy of Court order, the passport would be issued to the petitioner.
4. It is undisputed fact that petitioner has already been
acquitted vide judgment dated 20.01.2023 passed by JMIC, Budhlada.
The complainant has preferred an appeal against judgment of acquittal
which is pending before the Appellate Court. The petitioner has
enclosed copy of judgment of acquittal alongwith writ petition.
Notification No. 570 dated 25.08.1993 is applicable where criminal
proceedings are pending whereas in the case in hand, petitioner has
already been acquitted, thus, there is no question of applicability of
Notification No. 570 dated 25.08.2023. The passport authority has
wrongly interpreted the aforesaid Notification and withheld passport of
the petitioner. The case of the petitioner is not covered either by clause
(e) or (f) of Section 6(2) of the Passport Act, 1967, thus, respondent
authorities are bound to process application of the petitioner.
5. In view of the aforesaid facts and findings, the instant
petition deserves to be allowed and accordingly allowed. The passport
authorities are directed to process application of the petitioner and
thereafter issue passport, subject to compliance of other requirements of
the Passport Act, 1967 and Rules made thereunder.
( JAGMOHAN BANSAL )
JUDGE
03.08.2023
paramjit Whether speaking/reasoned : Yes
Whether reportable : Yes/No
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