211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-5150-2026 Date of Decision : 20.07.2026 HARJEET SINGH .....Petitioner VERSUS UNION OF INDIA AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Yagsimant Attri, Advocate for the petitioner. Mr. Ashutosh Dhankar, Sr. Panel Counsel, for respondents no.1 and 2. Mr. Sahil R. Bakshi, AAG, Punjab. KULDEEP TIWARI, J.(Oral) 1. Through the instant petition, cast under Article 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus upon the respondents for re-issuance/renewal of the passport to the petitioner, as the same is not being issued to the petitioner, on the ground of pendency of a criminal case in FIR No. 195, dated 17.04.2022, registered against him. 2. Learned counsel for the petitioner submits that in the FIR (supra), a cancellation report has been filed by the investigating agency, however, the same was not accepted by the learned Magistrate concerned and, ordered further investigation therein. DHARAM VIR 2026.07.22 15:26 I attest to the accuracy and integrity of this document CWP-5150-2026 -2- 3. He further submits that till date, final police report has not been filed, and charges have not been framed, therefore, petitioner, is not required to take prior approval of the learned Magistrate concerned, in view of the notification GSR 570 (E) dated 25.08.1993. 4. On the other hand, learned State counsel, vehemently opposed the submissions, as made by learned counsel for the petitioner. 5. This Court is of the considered view that the submissions, as made by learned counsel for the petitioner, do not carry merit. After passing of the judgment by the Hon'ble Supreme Court in “Mahesh Aggarwal vs. Union of India and others” (SLP (Civil) No.17769 of 2025 decided on 19.12.2025), the Ministry of External Affairs issued a office memorandum dated 20.01.2026, whereby a direction was passed upon all the passport authorities to take due note of the aforesaid judgment, and to extend the benefit of the exemption from operation of Section 6(2)(f) of the Passports Act, 1967, to such citizens of India, upon furnishing of a No Objection Certificate or an order granting permission to depart from India issued by the concerned court where the proceedings in respect of an office alleged to have been committed are pending. The relevant is extracted hereinafter:- “3. The Ministry is consulting Department of Legal Affairs as to whether review petition can be filed against the judgment of Hon'ble Apex Court in light of the statutory scheme particularly Section 6(2)(e), Section 6(2)(1), and Section 22 of the Passports Act, 1967 as well as judicial pronouncements. However, in the meantime, all Passport Authorities are hereby directed to take due note of the judgment of the Hon'ble Apex Court and to extend the benefit of exemption from the operation of Section 6(2)(f) of the Passports Act, 1967 to such citizens of India, upon furnishing of a No Objection Certificate or an order granting permission to depart from India issued by the concerned court where proceedings in respect of an offence alleged to have been committed are pending. Before Passport is dispatched, it is advised that the concerned PIA intimates the concerned Investigating Officer DHARAM VIR 2026.07.22 15:26 I attest to the accuracy and integrity of this document CWP-5150-2026 -3- (requesting him to keep the court informed) and Bureau of Immigration of the fact of the passport having been issued.” 6. In view of the above, this Court has examined the instant matter. Here the cancellation report preferred by the investigating agency has not been accepted by the Illaqa Magistrate concerned, and ordered further investigation, which is still going on. It reflects that the Illaqa Magistrate concerned, has already applied its judicious mind, upon the cancellation report preferred by the investigating agency. Therefore cognizance of the offence has already been taken, and the petitioner is required to take a prior permission or No Objection, for getting his passport renewed as contemplated by the aforesaid Office Memorandum. 7. Faced with the above observations made by this Court, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to avail the appropriate remedy by approaching the learned Illaqa Magistrate concerned for the requisite permission. 8. Accordingly, the instant petition is dismissed as withdrawn, with the aforesaid liberty. 9. All pending application(s), if any, also stand disposed of accordingly. (KULDEEP TIWARI) July 20, 2026 JUDGE dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No DHARAM VIR 2026.07.22 15:26 I attest to the accuracy and integrity of this document