Amit vs Union Of India And Another
2023 Latest Caselaw 1799 P&H

CWP-26610-2022 (O&M)                                                             -1-


213
           IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH

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                                                 CWP-26610-2022 (O&M)
                                                 Date of Decision: 25.01.2023
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Amit                                                                 ..... Petitioner

                                      Versus

Union of India and another                                         ..... Respondents

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:     Mr. Hardik Ahluwalia, Advocate for
             Mr. Parminder Singh, Advocate for the petitioner.

             Ms. Monica Chawla, Advocate for respondents-UOI.

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JASGURPREET SINGH PURI, J. (ORAL)

The present writ petition has been filed under Articles 226/227 of

the Constitution of India seeking a writ in the nature of mandamus directing the

respondents to consider the application dated 13.06.2022 (Annexure P-5) for

issuance of fresh passport of the petitioner as expeditiously as possible since there

is no impediment for non-issuance of the passport in favour of the petitioner.

Learned counsel for the petitioner has submitted that there were two

FIRs against the petitioner and in one FIR i.e. FIR No.180 dated 22.05.2021, the

petitioner has already been acquitted on 19.08.2021 whereas in the second FIR

which is FIR No.492 dated 26.08.2020, a petition for quashing of FIR on the

basis of compromise was filed before this Court vide CRM-M-52534-2022 and

this Court on 13.12.2022 had quashed the FIR based upon compromise. He has

supplied a photocopy of the aforesaid judgment and the same is hereby taken on

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record and marked as 'X'. He also submitted that he shall supply a copy of the

aforesaid judgment to the learned counsel for the respondents during the course of

day.

Learned counsel for the petitioner further submitted that since there

is no FIR or any other criminal case is pending against the petitioner, there is no

impediment or any kind of embargo for non-issuing the passport to the petitioner,

and therefore, the respondents-Authority are under an obligation to consider and

finalize the application which is filed by the petitioner for grant of passport.

Ms. Monica Chawla, learned counsel for the respondents-UOI has

submitted that the Passport Authority was not aware with regard to the aforesaid

judgment by which the FIR has been quashed. She further submitted that in fact

the delay was caused because information was sought from the police authority

with regard to the status of the FIR against the petitioner.

I have heard the learned counsel for the parties.

It appears that the application for grant of passport filed by the

petitioner was not further processed and no action was taken on that because of

the pendency of the FIR No.492 dated 26.08.2020 under Sections 148, 149, 323,

452 & 506 IPC, registered at Police Station Chandni Bagh, District Karnal.

However, today the learned counsel for the petitioner has supplied the photocopy

of the orders passed by this Court on 13.12.2022 whereby the FIR itself has been

quashed by this Court based upon compromise.

In view of the above, the present petition is disposed of with a

direction to the respondents-Passport Authority, to now consider the application

of the petitioner for grant of passport afresh on the basis of the aforesaid facts and

circumstances.

Let the entire exercise be completed within a period of four weeks

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from today and decision be taken on the application filed by the petitioner for

grant of passport strictly in accordance with law.

25.01.2023                               (JASGURPREET SINGH PURI)
Bhumika                                         JUDGE
      1. Whether speaking/reasoned:     Yes/No
      2. Whether reportable:            Yes/No




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