Gurwinder Singh Vs Union of India and… — Writ and Judicial Review | Punjab & Haryana HC (2025)

Gurwinder Singh Vs Union of India and… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of as withdrawn at the petitioner's instance, with liberty to apply afresh for issuance of passport after the decision in quashing petition CRM-M-51719-2024 (listed for 22.04.2025) and/or after seeking permission from the concerned Court where the trial is pending; all pending applications closed.

Issue for consideration

Whether a writ of mandamus can be issued directing respondent No.2 to renew the petitioner's passport despite the Adverse Police Verification Report against him (as an accused in FIR No.46 dated 10.04.2021).

Court's answer

The writ petition was permitted to be withdrawn with liberty to the petitioner to apply afresh for issuance of passport after the decision in quashing petition CRM-M-51719-2024 and/or after seeking permission from the concerned Court where the trial is pending, in light of Mohan Lal @ Mohna v. Union of India and others, 2023 (3) RCR (Civil) 772.

Ratio / Principle

All pending application(s), if any, in the writ petition shall also stand closed.

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Harsh Bunger, J.; decision 09.04.2025) — CWP-8262-2025 (O&M): Writ petition under Articles 226/227 of the Constitution of India by Gurwinder Singh seeking a mandamus to direct respondent No.2 to renew his passport. Respondents submitted that an Adverse Police Verification Report was received against the petitioner, who is an accused in case FIR No.46, dated 10.04.2021, under Sections 447, 379, 511, 427, 149 and 411 of the Indian Penal Code, registered at Police Station Lohian, District Jalandhar, and that clarifications sought from him went unanswered. With quashing petition CRM-M-51719-2024 against the said FIR pending before this Court for 22.04.2025, learned counsel for the petitioner sought withdrawal of the writ petition with liberty to apply afresh for the passport after the decision in the quashing petition and/or after obtaining permission from the concerned Court where the trial is pending, in light of the co-ordinate Bench ruling in Mohan Lal @ Mohna v. Union of India and others, 2023 (3) RCR (Civil) 772. The Court ordered accordingly and closed all pending applications. No merits decision on passport renewal was recorded.

CWP-8262-2025 (O&M)

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103

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

********

CWP-8262-2025 (O&M) Date of Decision: 09.04.2025

Gurwinder Singh

….Petitioner

Versus

Union of India and another

….Respondents

CORAM: HON’BLE MR. JUSTICE HARSH BUNGER

Present : Mr. Liaqat Ali, Advocate for the petitioner.

Ms. Shweta Nahata, Senior Panel Counsel for respondents/Union of India.

HARSH BUNGER, J. (Oral)

The instant writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of Mandamus for directing respondent No.2 to renew the passport of the petitioner.

Learned counsel appearing for the respondents submits that an Adverse Police Verification Report was received against the petitioner that he is an accused in case FIR No.46, dated 10.04.2021, under Sections 447, 379, 511, 427, 149 and 411 of the Indian Penal Code, registered at Police Station Lohian, District Jalandhar. It is submitted that certain clarifications were sought from the petitioner, however, the same has not been responded

HIMANI GUPTA to by the petitioner, rather he has filed the present writ petition. 2025.04.15 11:43 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CWP-8262-2025 (O&M)

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At this stage, learned counsel for the petitioner submits that one petition bearing No. CRM-M-51719-2024 seeking quashing of the aforesaid case FIR No.46, dated 10.04.2021 is pending consideration before this Court for 22.04.2025. Learned counsel for the petitioner prays that he may be permitted to withdraw the instant writ petition at this stage with liberty to the petitioner to apply afresh for issuance of passport after the decision in the aforesaid quashing petition and/or after seeking permission from the concerned Court, where the trial is pending against him in the aforesaid case FIR, in the light of judgment rendered by a co-ordinate Bench of this Court in “Mohan Lal @ Mohna Vs. Union of India and others”, 2023 (3) RCR (Civil) 772

Ordered accordingly.

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

09.04.2025 (HARSH BUNGER) Himani JUDGE

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

HIMANI GUPTA 2025.04.15 11:43 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh