Raspinder Singh vs Union Of India And Ors
2023 Latest Caselaw 19788 P&H

                                                          Neutral Citation No:=2023:PHHC:144682




           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

107                                    2023:PHHC:144682
                                       CWP No.23958 of 2023
                                       Date of Decision:15.11.2023

Raspinder Singh

                                                     ....Petitioner

                                       vs.

Union of India and others

                                                     ....Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL


Present:     Mr. Bawa Karanveer, Advocate for
             Mr. Deepak Kaushal, Advocate
             for the petitioner


             Ms. Amrita Singh, Central Govt. Counsel
             for the Union of India

             Mr. Inderpreet Singh Kang, AAG, Punjab

               ***
JAGMOHAN BANSAL, J. (ORAL)

1. The petitioner through instant petition under Articles 226/227 of

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

his passport with changed/corrected surname.

2. Reply by way of affidavit dated 15.11.2023 of Achhru Ram,

Deputy Superintendent of Police, Sub Division, Jalalabad, District Fazilka

on behalf of respondent No. 3 is taken on record. Registry is directed to tag

the same at appropriate place.

3. The petitioner has applied for re-issuance of passport. In the

application, the petitioner has requested to delete surname i.e. 'Brar'. An

FIR No. 110 dated 08.09.2018, under Sections 325, 323, 34 of IPC was

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Neutral Citation No:=2023:PHHC:144682

CWP No.23958 of 2023 -2- 2023:PHHC:144682

registered against the petitioner at Police Station Arni Wala. The respondent

has not issued passport on account of pendency of the FIR.

4. Learned State counsel submits that police after completing

investigation filed cancellation report which was returned by trial court. The

police after completing further investigation filed cancellation report. A

notice has been issued to the complainant and matter is pending before trial

court for 01.12.2023.

5. Learned counsel for the petitioner submits that case of the

petitioner is squarely covered by judgment of this Court in Mohan Lal @

Mohna vs. Union of India and others 2023 SCC Online P&H 1391. The

rigour of Section 6(2) of the Passport Act is not applicable to the petitioner.

6. Faced with this, counsel for Union of India submits that

petitioner may be directed to appear before passport authority alongwith

requisite documents and thereafter, passport authority would pass an

appropriate order within six weeks.

7. In the wake of statements of both sides, the petition stands

disposed of. The petitioner is directed to appeal before passport authority on

5.12.2023 alongwith all requisite documents.

(JAGMOHAN BANSAL) JUDGE 15.11.2023 paramjit

Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

Neutral Citation No:=2023:PHHC:144682

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