Present: Mr. Sanjiv Gupta Advocate Vs. Union of India and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1154202
CourtPunjab and Haryana High Court
Decided OnJul-03-2014
AppellantPresent: Mr. Sanjiv Gupta Advocate
RespondentUnion of India and Another
Excerpt:
civil writ petition no.12567 of 2014 1 in the high court of punjab & haryana at chandigarh civil writ petition no.12567 of 2014 date of decision : 03.07.2014 gurpreet singh toor ......petitioner versus union of india and another ........respondents coram: hon'ble ms.justice ritu bahri present: mr.sanjiv gupta, advocate, for the petitioner. **** ritu bahri , j. challenge in this petition is to the communication/notice dated 13.07.2007 (annexure p-5).vide which the passport authorities have refused to acknowledge the passport in favour of the petitioner. learned counsel for the petitioner contends that initially, a passport was issued to the petitioner in the year 1996. later on, it was lost somewhere. thereafter, a fresh passport was issued on 03.04.2007 (annexure p-1).which was valid till 02.04.2017. consequently, on 13.07.2007, a notice (annexure p-5) was issued to the petitioner to the effect that he had not given information with respect to the conclusion of the proceedings in fir no.168 dated 01.09.1999, under sections 379, 447, 427, 148 and 149 ipc and fir no.151 dated 26.07.2005, under prasher ajay 2014.07.07 11:21 i attest to the accuracy and integrity of this document high court chandigarh civil writ petition no.12567 of 2014 2 section 302 ipc, which were registered against him. the petitioner gave reply (annexure p-6) to the said notice, stating that in both the aforesaid firs.proceedings have finally been concluded in his favour. he has also referred to the judgment dated 09.10.2006 (annexurep-2) pertaining to fir no.151 dated 26.07.2005, vide which he was acquitted. in the second fir i.e.fir no.168 dated 01.09.1999, the police submitted a cancellation report (annexure p-3) before the illaqa magistrate. however, the complainant was not satisfied with the cancellation report. thereafter, he filed a private complaint against the petitioner, in which, the matter was compromised between the parties and the said complaint was dismissed as withdrawn vide order dated 20.11.2004 (annexure p- 4).notice of motion. on the asking of the court, mr.gaurav narang, advocate, accepts notice on behalf of the respondents. after hearing learned counsel for the parties, this petition is disposed of by giving a direction to the regional passport officer- respondent no.2 to pass a final order on the notice dated 13.07.2007 (annexure p-5) within a period of three weeks while keeping in view the judgments/orders (annexures p-2 to p-4).which have been annexed with this petition. till then, the passport of the petitioner shall not be cancelled by the respondents. (ritu bahri) 03.07.2014 judge prasher ajay ajp 2014.07.07 11:21 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

Civil Writ Petition No.12567 of 2014 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.12567 of 2014 Date of decision : 03.07.2014 Gurpreet Singh Toor ......Petitioner versus Union of India and another ........Respondents CORAM: HON'BLE Ms.JUSTICE RITU BAHRI Present: Mr.Sanjiv Gupta, Advocate, for the petitioner.

**** RITU BAHRI , J.

Challenge in this petition is to the communication/notice dated 13.07.2007 (Annexure P-5).vide which the passport authorities have refused to acknowledge the passport in favour of the petitioner.

Learned counsel for the petitioner contends that initially, a passport was issued to the petitioner in the year 1996.

Later on, it was lost somewhere.

Thereafter, a fresh passport was issued on 03.04.2007 (Annexure P-1).which was valid till 02.04.2017.

Consequently, on 13.07.2007, a notice (Annexure P-5) was issued to the petitioner to the effect that he had not given information with respect to the conclusion of the proceedings in FIR No.168 dated 01.09.1999, under Sections 379, 447, 427, 148 and 149 IPC and FIR No.151 dated 26.07.2005, under Prasher Ajay 2014.07.07 11:21 I attest to the accuracy and integrity of this document High Court Chandigarh Civil Writ Petition No.12567 of 2014 2 Section 302 IPC, which were registered against him.

The petitioner gave reply (Annexure P-6) to the said notice, stating that in both the aforesaid FIRs.proceedings have finally been concluded in his favour.

He has also referred to the judgment dated 09.10.2006 (AnnexureP-2) pertaining to FIR No.151 dated 26.07.2005, vide which he was acquitted.

In the second FIR i.e.FIR No.168 dated 01.09.1999, the police submitted a cancellation report (Annexure P-3) before the Illaqa Magistrate.

However, the complainant was not satisfied with the cancellation report.

Thereafter, he filed a private complaint against the petitioner, in which, the matter was compromised between the parties and the said complaint was dismissed as withdrawn vide order dated 20.11.2004 (Annexure P- 4).Notice of motion.

On the asking of the Court, Mr.Gaurav Narang, Advocate, accepts notice on behalf of the respondents.

After hearing learned counsel for the parties, this petition is disposed of by giving a direction to the Regional Passport Officer- respondent No.2 to pass a final order on the notice dated 13.07.2007 (Annexure P-5) within a period of three weeks while keeping in view the judgments/orders (Annexures P-2 to P-4).which have been annexed with this petition.

Till then, the passport of the petitioner shall not be cancelled by the respondents.

(RITU BAHRI) 03.07.2014 JUDGE Prasher Ajay ajp 2014.07.07 11:21 I attest to the accuracy and integrity of this document High Court Chandigarh