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2015 Supreme(P&H) 2165

HARINDER SINGH SIDHU
SAHIB JASKARAN SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Vivek Khatri, Advocate
For the Respondent:Neeraj Yadav, Additional Advocate General, Punjab, Vivek Singla, Advocate

JUDGMENT :

HARINDER SINGH SIDHU, J.

1. The petitioner was issued a passport on 24.09.2013, which is stated to be valid upto 23.09.2023. An adverse police report was received by the Passport Authorities stating that an FIR No.238 dated 03.09.2012 under Sections 307, 148, 149 IPC and Sections 25/27/54/59 of the Arms Act was registered against the petitioner. Thereafter, a show cause notice was issued to the petitioner on 04.04.2014 calling upon him to surrender his Passport No.L-2710827 and also to explain as to why the action be not taken to impound the Passport under Sections 10(3)(b) and 12(1)(b)of the Passports Act, 1967. Pursuant to the aforesaid show cause notice, the petitioner submitted an affidavit dated 29.04.2014 stating that the criminal case has been compromised and the matter is pending in the Trial Court for cancellation of the FIR. He also surrendered his passport.

2. The petitioner has filed this writ petition seeking direction to the respondent to release the passport. It had been stated that the criminal case has been compromised with the complainants and earlier a cancellation report was also filed, which was rejected by the learned trial Court on 31.10.2013. The mat












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