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High Court of Punjab and Haryana · body

2019 DAILYLAW 3958 (PNJ)

BALRAJ SINGH v. UNION OF INDIA AND ORS

CWP/18879/2026 · 2026-07-02

Kuldeep Tiwari

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Judgment text

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CWP-18879 IN THE HIGH COURT OF PUNJAB AND HARYANA (218) Balraj Singh Union of India CORAM: Present: KULDEEP TIWARI 1. the Constitution of India of a mandamus petitioner and to decide his Court order the petitioner. 2. petitioner was involved in case FIR No. 323, 324, 148 and 149 of IPC, registered at Police Station Sarhali, District Tarn Taran, but after investigation, the investigating agency has declared him innocent on 08.02.2019. Though, a cancellation report was prepared by the police authorities concerned. H presented before the Magistrate concerned 879-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Singh Versus Union of India and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Amardeep Singh, Advocate for the petitioner Mr. Charanpreet Singh, Addl. AG, Punjab. **** KULDEEP TIWARI, J. (ORAL) Through the instant writ petition, cast under Article 226/227 of the Constitution of India, a prayer is made for issuance of a writ, mandamus, upon the respondents, to re petitioner and to decide his passport application without insisting upon any Court order, specifically, when no criminal proceedings are pending against the petitioner. Learned counsel for the petitioner submits that though the petitioner was involved in case FIR No.148 dated 08 323, 324, 148 and 149 of IPC, registered at Police Station Sarhali, District Tarn Taran, but after investigation, the investigating agency has declared him innocent on 08.02.2019. Though, a cancellation report was prepared by the olice authorities concerned. However, till date, the same has not been presented before the Magistrate concerned, 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-18879-2026 Date of Decision : 02.07.2026 …Petitioner Versus ...Respondents KULDEEP TIWARI , Advocate Mr. Charanpreet Singh, Addl. AG, Punjab. Through the instant writ petition, cast under Article 226/227 of , a prayer is made for issuance of a writ, in the nature , upon the respondents, to re-issue a fresh passport to the passport application without insisting upon any , specifically, when no criminal proceedings are pending against Learned counsel for the petitioner submits that though the 148 dated 08.11.2018, under Sections 323, 324, 148 and 149 of IPC, registered at Police Station Sarhali, District Tarn Taran, but after investigation, the investigating agency has declared him innocent on 08.02.2019. Though, a cancellation report was prepared by the owever, till date, the same has not been , thereby, leaving no remedy for the Through the instant writ petition, cast under Article 226/227 of in the nature issue a fresh passport to the passport application without insisting upon any , specifically, when no criminal proceedings are pending against Learned counsel for the petitioner submits that though the .11.2018, under Sections 323, 324, 148 and 149 of IPC, registered at Police Station Sarhali, District Tarn Taran, but after investigation, the investigating agency has declared him innocent on 08.02.2019. Though, a cancellation report was prepared by the owever, till date, the same has not been leaving no remedy for the MANPREET SINGH 2026.07.03 15:46 I attest to the accuracy and authenticity of this order/judgment CWP-18879 petitioner, to seek any 3. by drawing an order dated 19.06.2026, had of Police, Tarn Taran cancellation report which was prepared way back on 08.02.2019, has not bee presented before the jurisdictional Court till date, than seven years. 4. 02.07.2026, Superintendent of Police, learned State counsel today, in the Court. The same is taken on record. 5. FIR (supra), has now been filed with the Magistrate concerne appropriate disciplinary action has been initiated against the erring officer/official. 6. Court that the petitioner, in view of Section 22 of the Passport Act, 1967 already appli new passport. However, the same is pending before the Magistrate concerned, as he is awaiting the cancellation report. 7. mandamus, the petitioner is at liberty to pursue his application before the Magistrate concerned, in the wake of supervening events, i.e. the cancellation report filed by the Investigating Agency before the Magistrate, which is now pending consideration. 879-2026 petitioner, to seek any permission from the Court concerned. A Coordinate Bench of this Court, while by drawing an order dated 19.06.2026, had of Police, Tarn Taran, to file his affidavit, disclosing therein, as to why the cancellation report which was prepared way back on 08.02.2019, has not bee presented before the jurisdictional Court till date, than seven years. In deference to the directions (supra), short reply dated 02.07.2026, by way of affidavit of Mr. Sur Superintendent of Police, Tarn Taran, District Tarn Taran, has been filed by learned State counsel today, in the Court. The same is taken on record. The reply/affidavit (supra) speaks FIR (supra), has now been filed with the Magistrate concerne appropriate disciplinary action has been initiated against the erring officer/official. At this stage, learned counsel for the petitioner that the petitioner, in view of Section 22 of the Passport Act, 1967 already applied before the Magistrate concerned, seeking permission to get new passport. However, the same is pending before the Magistrate concerned, as he is awaiting the cancellation report. In view of the above, at this stage, , the petitioner is at liberty to pursue his application before the Magistrate concerned, in the wake of supervening events, i.e. the cancellation report filed by the Investigating Agency before the Magistrate, which is now pending consideration. 2 from the Court concerned. A Coordinate Bench of this Court, while issuing notice of motion by drawing an order dated 19.06.2026, had directed the Senior Superintendent , to file his affidavit, disclosing therein, as to why the cancellation report which was prepared way back on 08.02.2019, has not bee presented before the jurisdictional Court till date, despite the lapse of more In deference to the directions (supra), short reply dated by way of affidavit of Mr. Surendra Lamba, IPS, Senior Tarn Taran, District Tarn Taran, has been filed by learned State counsel today, in the Court. The same is taken on record. The reply/affidavit (supra) speaks that a cancellation report in the FIR (supra), has now been filed with the Magistrate concerned, and appropriate disciplinary action has been initiated against the erring At this stage, learned counsel for the petitioner apprises this that the petitioner, in view of Section 22 of the Passport Act, 1967, has ed before the Magistrate concerned, seeking permission to get new passport. However, the same is pending before the Magistrate concerned, In view of the above, at this stage, without granting the asked for , the petitioner is at liberty to pursue his application before the Magistrate concerned, in the wake of supervening events, i.e. the cancellation report filed by the Investigating Agency before the Magistrate, which is now issuing notice of motion directed the Senior Superintendent , to file his affidavit, disclosing therein, as to why the cancellation report which was prepared way back on 08.02.2019, has not been lapse of more In deference to the directions (supra), short reply dated dra Lamba, IPS, Senior Tarn Taran, District Tarn Taran, has been filed by that a cancellation report in the d, and appropriate disciplinary action has been initiated against the erring apprises this , has ed before the Magistrate concerned, seeking permission to get new passport. However, the same is pending before the Magistrate concerned, without granting the asked for , the petitioner is at liberty to pursue his application before the Magistrate concerned, in the wake of supervening events, i.e. the cancellation report filed by the Investigating Agency before the Magistrate, which is now MANPREET SINGH 2026.07.03 15:46 I attest to the accuracy and authenticity of this order/judgment CWP-18879 8. filing a fresh application, or w shall make all endeavour to decide the same most expeditiously, after affording due opportunity of hearin 9. July 02, 2026 Manpreet 879-2026 In case, the petitioner approaches the Magistrate concerned, by filing a fresh application, or wishes to pursue his earlier application, the latter shall make all endeavour to decide the same most expeditiously, after affording due opportunity of hearing to the petitioner. Consequently, the instant writ petition is 2026 Whether speaking/reasoned Whether reportable 3 In case, the petitioner approaches the Magistrate concerned, by to pursue his earlier application, the latter shall make all endeavour to decide the same most expeditiously, after g to the petitioner. Consequently, the instant writ petition is disposed of. (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No In case, the petitioner approaches the Magistrate concerned, by to pursue his earlier application, the latter shall make all endeavour to decide the same most expeditiously, after MANPREET SINGH 2026.07.03 15:46 I attest to the accuracy and authenticity of this order/judgment