Gora Lal vs Union Of India And Another
2023 Latest Caselaw 11974 P&H

                                                   Neutral Citation No:=2023:PHHC:100747




CWP-11540-2023                   -1-          2023:PHHC:100747

102
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                        CWP-11540-2023
                                        Date of Decision:04.08.2023

GORA LAL                                                  ......... Petitioner

                                    Versus

UNION OF INDIA AND ANOTHER                                ..... Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:    Mr. Vikram Sharma, Advocate
            for the petitioner.

            Mr. Deepanjay Sharma, DAG, Punjab.

            Ms. Monica Chawla, Advocate and
            Mr. Anil Chawla, Advocate
            for the respondent No.2.

                      ****

JAGMOHAN BANSAL, J. (Oral)

1. The petitioner through instant petition under Article 226/227

of the Constitution of India is seeking direction to respondent No.2 to re-

issue his passport.

2 The petitioner was issued passport on 30.06.2010 which was

valid up to 29.06.2020. An FIR No.15 dated 23.02.2021, under Sections

420, 421, 188 and 120B of IPC came to be registered against the

petitioner. The petitioner on 13.07.2022 applied for re-issuance of

passport. The petitioner vide order dated 23.05.2022 passed by this Court

has been granted concession of anticipatory bail, subject to compliance

of Section 438 of Cr.P.C. One of the conditions of Section 438 (2) of

Cr.P.C. is that accused shall not leave country without prior permission

of the Court. The petitioner is not seeking permission to leave the

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country, however, he is praying for re-issuance of passport.

3. Learned State Counsel on instructions from ASI Gurmail

Singh confirms that till date challan has not been presented against the

petitioner and matter is pending at investigation stage.

4. This Court in Mohan Lal @ Mohna vs. Union of India and

others, CWP No. 27167 of 2018 after considering notification No.570

dated 25.08.1993 and Office Memorandum dated 10.10.2019 has held

that renewal of passport cannot be denied unless and until challan is

presented and Court has already taken cognizance and even in that

situation Court can grant permission.

5. Learned counsel for the respondents on being confronted

with aforesaid judgment submits that competent authority would pass

order qua grievance of the petitioner within 6 weeks from today.

6. In view of statement of statement learned State counsel as

well as learned counsel for the respondents, the petition stands disposed

of with a direction to respondent No.2 to pass order within 6 weeks from

today, after considering aforesaid judgment.

                                               ( JAGMOHAN BANSAL )
                                                      JUDGE
04.08.2023
Ali
                   Whether speaking/reasoned    Yes/No

                       Whether Reportable       Yes/No

Neutral Citation No:=2023:PHHC:100747

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