Jagtar Singh vs Union Of India And Others
2023 Latest Caselaw 14913 P&H

                                                         Neutral Citation No:=2023:PHHC:115286


                                                           2023:PHHC:115286
CWP-19009-2023                                                                     -1-


            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


101                                             CWP-19009-2023
                                                Date of Decision: 02.09.2023

Jagtar Singh                                                           ...Petitioner


                                      Versus


Union of India and Others                                          ...Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:-     Ms. Bhupinder Kaur Bhangu, Advocate for the petitioner
              Mr. Dheeraj Jain, Senior Panel Counsel and
              Mr. Arvind Seth, Central Govt. Counsel,
              for Union of India-respondent Nos.1 to 3
       Mr. Deepanjay Sharma, DAG, Punjab
       ***
JAGMOHAN BANSAL, J. (Oral)

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

the Constitution of India, is seeking directions to the respondents to issue him

passport.

2. The petitioner applied for passport on 30.03.2023. Two FIRs

have been registered against the petitioner i.e. FIR No.219 dated 12.06.2020

under Sections 430, 277 & 427 of Indian Penal Code, 1860 (for short 'IPC')

at Police Station Sadar Dhuri and FIR No.334 dated 27.10.2020 under

Sections 452, 323, 506, 427 & 34 of IPC at Police Station Sadar Dhuri. The

police after completing investigation filed its report under Section 173 Cr.P.C.

in FIR No.219 dated 12.06.2020. The alleged offence was compoundable and

Trial Court in view of statement of both sides compounded the offence. Police

after completing investigation in FIR No.334 dated 27.10.2020 has filed

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cancellation report which has not been accepted by the Trial Court and matter

has been sent back for further investigation.

3. Learned counsel for the petitioner inter alia submits that case of

the petitioner is not covered by Clause (f) of Section 6(2) of the Passport Act,

1967 and case of the petitioner is squarely covered by judgment dated

14.07.2023 in Mohan Lal @ Mohna Versus Union of India and Others;

CWP-27167-2018, passed by this Court.

4. Mr. Deepanjay Sharma, learned State counsel confirms the

factual position with respect to aforesaid FIRs.

5. Mr. Arvind Seth, who on advance notice is present in Court on

behalf of respondent Nos.1 to 3, submits that petitioner may be directed to

appear before the competent authority along with all requisite documents on

26.09.2023 at 10:00 AM and competent authority would pass an appropriate

order within 6 weeks considering judgment of Mohan Lal (supra) passed by

this Court.

6. Learned counsel for the petitioner agrees to the said arrangement.

7. In the wake of statements of learned counsels for the parties, the

present petition stands disposed of.

                                                       (JAGMOHAN BANSAL)
                                                             JUDGE
02.09.2023
Mohit Kumar
               Whether speaking/reasoned             Yes/No
               Whether reportable                    Yes/No




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