Ajay Singh And Others vs Union Of India And Others
2024 Latest Caselaw 7032 P&H

Punjab-Haryana High Court

Ajay Singh And Others vs Union Of India And Others on 3 April, 2024

                                      Neutral Citation No:=2024:PHHC:044414



CWP-6910-2024                          1                   2024:PHHC:044414



           IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

105                                    CWP-6910-2024
                                       Date of Decision : 03.04.2024


AJAY SINGH AND OTHERS                                      ... PETITIONERS

                                      Versus


UNION OF INDIA AND OTHERS                                       ... RESPONDENTS

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL


Present:    Ms. Neeru Bansal, Advocate for
            Mr.Neeraj Goel, Advocate
            for the petitioners.

            Mr. K.K.Jund, Sr. Panel Counsel for
            Ms. Simran Grewal, Advocate
            for the respondent-UOI.

            ***
JAGMOHAN BANSAL, J. (Oral)

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

the Constitution of India are seeking direction to respondents No. 1 and 2 to re-

issue them passport.

2. The petitioners were embroiled in FIR No. 248 dated 24.05.2016,

under Sections 498A, 406, 323, 312, 506 read with Section 34 of IPC, registered

at Police Station Sadar Thanesar. They were convicted under Section 498-A of

IPC by trial court vide judgment dated 31.10.2019. As per Section 6(2) of the

Passport Act, 1967, passport cannot be issued to a person who has been

subjected to punishment of two years or more within five years prior to filing

application seeking passport.

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Neutral Citation No:=2024:PHHC:044414

CWP-6910-2024 2 2024:PHHC:044414

3. Learned counsel for the petitioners submits that the petitioners have

been convicted under Section 498-A of IPC and offence punishable under said

Section does not involve moral turpitude.

4. Mr. K.K.Jund, Sr. Panel Counsel submits that 05 years period from

the date of conviction has not passed, however, passport authority would

consider claim of the petitioner that offence punishable under Section 498-A of

IPC does not involve moral turpitude and pass an appropriate order within 08

weeks from today.

5. In the wake of statement of learned counsel for the respondent-UOI,

the present petition stands disposed of.

                                                        (JAGMOHAN BANSAL)
                                                            JUDGE
03.04.2024
anju


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




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