LAWS(P&H)-2023-8-31

LAL SINGH Vs. STATE OF PUNJAB

Decided On August 25, 2023
LAL SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

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

(2.) Mr. Sharad Mehra, learned counsel for the petitioner inter alia contends that petitioner was issued passport on 28/1/2013 which expired on 27/1/2023. The petitioner applied for re-issuance of the passport, however, the respondent has not re-issued passport on the ground of pendency of FIR. An FIR No.121 dtd. 31/10/2009 under Sec. 115 of Indian Penal Code, 1860 (for short 'IPC') was registered at Police Station Kot Ise Khan, District Moga against the petitioner, however, the petitioner has been acquitted vide judgment dtd. 21/2/2017 passed by Judicial Magistrate, 1st Class, Moga. Another FIR No.11 dtd. 31/1/2014 under Ss. 420 and 34 of IPC was registered at Police Station Hathur against the petitioner. In the said FIR, the police filed cancellation report, however, learned Trial Court directed the Investigating Officer to conduct further investigation. The police after conducting further investigation has filed cancellation report.

(3.) Mr. Deepanjay Sharma, learned State counsel submits that it is factually correct that twice police has filed cancellation report.