Parveen Kumar And Anr vs Union Of India And Ors
2024 Latest Caselaw 19843 P&H

Punjab-Haryana High Court

Parveen Kumar And Anr vs Union Of India And Ors on 8 November, 2024

Author: Suvir Sehgal

Bench: Suvir Sehgal

                        CWP-30260-2024                               -1-

                                      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                                                    CHANDIGARH

                        (116)
                                                                                      CWP-30260-2024
                                                                           Date of decision:- 08.11.2024

                        Parveen Kumar and another                                  ... Petitioners
                                                               Versus
                        Union of India and others                                  ... Respondents



                        CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL


                        Present:- Mr. Ritesh Pandit, Advocate
                                  for the petitioners.

                                                 ****
                        SUVIR SEHGAL, J. (ORAL)

1. By way of instant petition, petitioners have approached this Court

under Articles 226/227 of the Constitution of India inter-alia for issuance

of a writ in the nature of mandamus directing the respondents to re-issue a

passport to them.

2. Counsel for the petitioners submits that the petitioners, who are

father and son, were issued passports, which have expired. He submits that

both the petitioners were named as accused in FIR No.120 dated

15.06.2021, registered for offences under Sections 341, 506 and 34 IPC at

Police Station City Gurdaspur, District Gurdaspur, Annexure P-1. He

asserts that during investigation, petitioners have been found to be innocent

and a cancellation report was presented to the Trial Court, but by order

dated 10.02.2023, Annexure P-3, Trial Court directed the police to

authenticity of this order/judgment

reinvestigate the matter. Counsel submits that petitioner No.2 has to go to

Australia on a study visa and the petitioners applied for re-issuance of a

passport on 20.08.2024, Annexure P-4, but the application has been kept

pending. Referring to the online status on the passport portal, he submits

that it has been mentioned that the police verification report is not clear.

3. Advance copy of the petition has been served upon the

respondents.

4. Upon instructions, Mr. Prajwal Chauhan, Advocate, Central

Government Counsel, counsel for the respondents No.1 and 3, submits that

a show cause notice dated 24.10.2024 has been issued to the petitioners

seeking some clarification regarding the pendency of the FIR. He submits

that the petitioners have not submitted any response so far.

5. Copy of the show cause notice has been supplied to the counsel

for the petitioners, who submits that he will supply the necessary

documents within a period of two weeks from today.

6. His request is accepted. In case, any response is submitted by the

petitioners within two weeks from today, it shall be considered by the

passport authority.

7. Be that as it may, application for re-issuance of passport

submitted by the petitioners, is still pending. The authorities cannot sit over

the application and refuse to take a final decision.

8. Accordingly, writ petition is disposed of with a direction to

respondent No.3 to finally decide the application, Annexure P-4, within a

period of four months from the date of communication of a copy of this

authenticity of this order/judgment

order. In case, respondent No.3 finds that the application, Annexure P-4, is

liable to be rejected, it shall pass an order giving reasons for rejection and

communicate a copy to the petitioners. It is clarified that the said

respondent will decide the application within the above specified time

frame even if the petitioners do not submit any response to the show cause

notice.

                                                                         (SUVIR SEHGAL)
                                                                              JUDGE
                        08.11.2024
                        Kamal


                                      Whether Speaking/Reasoned           Yes/No
                                      Whether Reportable                  Yes/No







authenticity of this order/judgment