Disposed¶6

Gurcharan Singh Mann v. Union of India and Others

Punjab & Haryana HC2 Apr 2025CWP/7305/2025

Case brief

AI extract

What is this about?

Police Clearance Certificate; passport; pending FIR; mere registration of FIR no bar; cognizance by trial Court required; charges not framed; Mohan Lal @ Mohna 2023 (3) RCR (Civil) 772; Sections 406/420/120-B IPC; FIR No.16 dated 25.03.2024; Police Station NRI Ludhiana; mandamus; six weeks; Gurcharan Singh v. Union of India; CWP-7305-2025 (O&M); Punjab and Haryana High Court; Harsh Bunger J.; writ petition disposed of with directions.

What did the court decide?

Direction to respondents No.1 and 2/concerned authority to consider and decide the petitioner's application for issuance of passport in light of Mohan Lal @ Mohna's case (supra) within six weeks; all pending applications closed. ¶6

Gurcharan Singh Mann Vs Union of India and… — Cheating and Forgery | Punjab & Haryana HC (2025)

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CWP-7305-2025 (O&M)

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104

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-7305-2025 (O&M) Date of Decision: 02.04.2025

Gurcharan Singh

….Petitioner

Versus

Union of India and others

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….Respondents

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CORAM: HON’BLE MR. JUSTICE HARSH BUNGER

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Present : Mr. Ankit Sharma, Advocate for the petitioner.

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Ms. Komal Preet Chauhan, Senior Panel Counsel for respondents No.1 and 2/Union of India.

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Mr. Navneet Singh, Senior D.A.G., Punjab.

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HARSH BUNGER, J. (Oral)

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At the outset, learned counsel appearing for respondents No.1 and 2/Union of India submits that she does not intend to file reply and the matter may be heard on merits.

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Petition herein is, inter alia , for issuance of a writ in the nature of Mandamus to direct respondents No.2 to 4 to immediately provide the Police Clearance Certificate to the petitioner.

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Learned State counsel on instructions from ASI Mukhtiar Singh, Police Station Jamalpur, Ludhiana, submits that one case FIR No.16, dated 25.03.2024, under Sections 406, 420 and 120-B of the Indian Penal Code is registered against the petitioner at Police Station NRI, District

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Ludhiana and the matter is still under investigation.

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HIMANI GUPTA 2025.04.04 09:18 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

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CWP-7305-2025 (O&M)

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Learned counsel for the petitioner submits that keeping in view the aforesaid submissions made by learned State counsel, the case of petitioner herein is squarely covered by the judgment passed by a co-ordinate Bench of this Court in “Mohan Lal @ Mohna Vs. Union of India and others”, 2023 (3) RCR (Civil) 772, wherein it was held that mere registration of an FIR is no bar for consideration of application seeking issuance of the passport and the trial Court must have taken cognizance of the matter.

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At this stage, learned counsel for respondents No.1 and 2/Union of India submits that since the charges have not been framed against the petitioner, accordingly the application submitted by the petitioner for issuance of passport would be considered by the concerned passport authorities in the light of decision rendered in Mohan Lal @ Mohna’s case ( supra ) and a final decision thereon be taken within a period of six weeks from today.

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Keeping in view the aforesaid submissions made by learned counsel for the parties, the instant writ petition is disposed of with a direction to respondents No.1 and 2/concerned authority to consider and decide the application for issuance of passport submitted by the petitioner in the light of judgment rendered by a co-ordinate Bench of this Court in Mohan Lal @ Mohna’s case ( supra ) within a period of six weeks from today.

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All pending application(s), if any, shall also stand closed.

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02.04.2025 (HARSH BUNGER) Himani JUDGE

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Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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HIMANI GUPTA 2025.04.04 09:18 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

Gurcharan Singh Mann v. Union of India and Others

Case brief

What is this about?

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Gurcharan Singh Mann v. Union of India and Others

Case brief

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