CWP No. 9553 of 2012 (O&M) -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

CWP No. 9553 of 2012 (O&M)

Date of decision : 12.05.2014

Gurpreet Singh

....Petitioner

versus

Union of India & others

..Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. R.K. Singla, Advocate

for the petitioner.

Mr. Pardeep Sharma, Advocate for

Mrs. Anju Arora, Advocate

for U.O.I.

****

RITU BAHRI , J.

The petitioner has approached this Court by way of instant

writ petition filed under Articles 226/227 of the Constitution of India,

seeking a writ in the nature of mandamus to respondents to release the

passport of the petitioner.

The petitioner was holder of Indian Passport No. B2770991

issued by respondent No. 2 valid for the period 09.10.2000 uptil

08.10.2010. F.I.R No. 51 dated 15.3.2008 u/s 279/337/338/427 IPC P.S.

Payala against the petitioner in which challan has been presented

against the petitioner. The petitioner applied for renewal of passport

after depositing the requisite fee on 12.03.2012, as per receipt (P-3).

Arora Gaurav

2014.07.03 15:58

I attest to the accuracy and

integrity of this document

CWP No. 9553 of 2012 (O&M) -2-

Vide order dated 12.03.2012 (P-5), the passport of the petitioner has

been cancelled.

On notice, a reply has been filed by the respondents stating

that there is not time fixed for issuing passport. After receipt of the

application for renewal of the passport, the matter was referred to S.S.P

Khanna on 12.03.2012 for verification of character and atencedents. SSP

has report to the office that F.I.R No. 51 dated 15.03.2008 has been

registered against the petitioner and is under trial in the Court against

the petitioner and they have not recommended for grant of passport

facilities to the petitioner (R-1). Thus, the petitioner was not re-issued

the passport. A show cause notice has been sent on 11.07.2012 to the

petitioner as why he did not disclose the registration and pendency of

criminal case while applying for the passport (R-2). As per the

application form, the petitioner has not mentioned that criminal case

was pending against him. The petitioner has not chosen to file

replication to the facts stated in the written statement.

Hence, the petition is dismissed.

The petitioner is at liberty to appear before the authorities

pursuant to the show cause notice dated 11.07.2012 (R-2) and explain

his position.

12.05.2014

(RITU BAHRI)

G Arora

JUDGE

Arora Gaurav

2014.07.03 15:58

I attest to the accuracy and

integrity of this document