Des Raj vs Union Of India And Others

Jagmohan Bansal, J

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to re-issue him passport.

The petitioner vide application dated 30.03.2023 applied for the issuance of fresh passport. An FIR No.39 dated 03.05.2021, under Section 188 of IPC and Section 51 of Disaster Management Act, 2005 was registered against the petitioner at Police Station, Taragarh, District Pathankot. The petitioner came to be convicted vide judgment dated 04.04.2022 passed by Judicial Magistrate, First Class, District Pathankot, however, the petitioner was released on probation.

Learned counsel for the petitioner inter alia contends that case of the petitioner is squarely covered by judgment of this Court in MOHAN LAL @ MOHNA VS. UNION OF INDIA AND OTHERS 2023 SCC ONLINE P&H 1391.

Ms. Amrita Singh, Central Government Counsel for Union of India, who on advance notice is present in Court, submits that petitioner may be directed to appear before passport authority alongwith requisite documents and the passport authority, thereafter, would pass an appropriate order within eight weeks, in accordance with law.

Learned counsel for the petitioner agrees to the aforesaid arrangement.

In the wake of statements of both sides, the petition stands disposed of. The petitioner is directed to appear before passport authority on 22.02.2024.