Punjab-Haryana High Court
Balwinder Kumar vs Union Of India And Others on 13 October, 2021
Author: Sudhir Mittal
Bench: Sudhir Mittal
201
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-9700-2021 (O&M)
Date of Decision: 13.10.2021
Balwinder Kumar
....Petitioner
VS
Union of India and others
....Respondents
CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL
Present: Mr. Jatinderpal Singh, Advocate
for the petitioner
Mr. Karan K. Jund, Advocate
for respondents No.1 and 2
Ms. Anju Arora, Addl. A.G. Punjab
for respondents No.3 and 4
*****
SUDHIR MITTAL, J. (Oral)
Reply on behalf of respondents No.1 and 2 has been filed in Court and the same is taken on record.
The petitioner applied for a new passport. An adverse police verification report was received on the basis of pendency of FIR No.121 dated 13.10.2011 under Sections 420, 465, 467, 468, 471, 477-A, 120-B IPC and 13/2/18 PC Act, Police Station Gidderbaha. Thus, the application was not processed.
Learned counsel for the petitioner submits that the petitioner has in fact been exonerated in the said FIR. Challan has been presented and the name of the petitioner has been mentioned in column No.2. Thus, there was no justification in refusing the issuance of a passport.
Learned counsel for respondents No.1 and 2 submits that as there is adverse police verification report, the concerned authorities cannot issue a passport.
Learned State counsel submits that the trial has still not concluded.
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CWP-9700-2021 (O&M) -2-
The petitioner may be summoned as an additional accused at any stage. Thus, refusal to proceed with the passport application was justified.
It is settled law that pendency of an FIR cannot result in refusal of a passport. This is because of the interpretation placed upon Section 6(2)(f) of the Passports Act, 1967. Presently, the petitioner has been exonerated in the police investigation and thus, there is no justification to refuse the issuance of a passport.
Writ petition is allowed. Police verification report (Annexure P-3) is quashed.
Petitioner is directed to file a fresh application and the same shall be processed in accordance with law within four weeks from today.
( SUDHIR MITTAL )
JUDGE
13.10.2021
Poonam Negi
Whether speaking/reasoned Yes/No
Whether Reportable : Yes/No
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