Citation : 2024 Latest Caselaw 17922 P&H
Judgement Date : 25 September, 2024
SANDEEP SETHI 2024.10.03 21:07 CWP-23947-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (108) CWP-23947-2024 Date of Decision:-25.09.2024 Sahil Sethi Levees Petitioner Versus Union of India and others beeees Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN 3B 2 3 Present: Mr. Parminder Singh, Advocate for the petitioner. Ms. Shreyansi Verma, Advocate for respondent Nos.1 to 3, Union of India (through VC). Mr. S.K.S. Bedi, Advocate for respondent No.4. 3 2 2 3 ALOK JAIN, J. (Oral)
1. The present petition is, inter alia, for issuance of a writ in the
nature of certiorari for quashing/setting aside the order dated 20.02.2019 (Annexure P-12) of revoking the passport of the petitioner and the order dated 05.08.2020 (Annexure P-13), whereby, the appeal filed by the petitioner also came to be dismissed on account of the fact that criminal proceedings were pending against the petitioner in which he was declared as a proclaimed offender.
2. Learned counsel for the petitioner has placed on record a copy of the order dated 19.09.2024 passed in CRM-M-38404-2024, whereby, the
order declaring the petitioner as proclaimed offender has been set aside and
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SANDEEP SETHI 2024.10.03 21:07
CWP-23947-2024
the FIR registered thereafter under Section 174-A of Cr.P.C. has also been quashed with all consequential proceedings emanating therefrom. In addition to the above, learned counsel for the petitioner has placed on record a copy of order dated 19.09.2024 passed in CRM-M-39077-2024 whereby the FIR No.684 dated 20.11.2017 against the petitioner has also been quashed with all consequential proceedings emanating therefrom.
3. In light of the above, since now there are no criminal proceedings against the petitioner, the right of the petitioner to get a passport accrues and is established.
4. At this stage, as a part of the settlement, learned counsel for the petitioner has handed over a demand draft of Rs.10,00,000/- as well as the original documents in a sealed cover to counsel for respondent No.4. A copy of the said demand draft and the documents in the sealed cover are retained on the file of this Court only for the purpose of record.
5. In light of the above, the present petition is allowed and the orders dated 20.02.2019 (Annexure P-12) and 05.08.2020 (Annexure P-13) are set aside. The petitioner is at liberty to apply afresh for issuance of a passport, which shall be processed by the authorities, in accordance with
law without raising any objection qua the pendency of the above said FIR
and PO order.
(ALOK JAIN) JUDGE September 25, 2024.
S. Sethi
Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No
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