CWP No.12117 of 2008 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12117 of 2008 (O&M) Date of decision: February 2, 2009. Kuldip Kaur ...Petitioner(s) v. Union of India & Ors. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Mrs. Jatinder Jit Kaur, Advocate for the petitioner. Mrs. Naveender P.K. Singh, Advocate for the respondents. ORDER Surya Kant, J. - (Oral): The petitioner seeks a direction for the release of her passport and also to take action against those persons who have allegedly obtaineda new passport by impersonating in her place. The petitioner was reportedly possessing a valid passport No.U-234983, which was issued on 30.6.1995. The said passport was valid till 30.6.2005. However, even before expiry of the said passport, another passport No.B-5307975 issaid to have been issued in the name of the petitioner, as wife of Kulwant Singh. CWP No.12117 of 2008 -: 2 :- The second passport was issued on 18.5.2001, i.e., during the validity period of the first passport of the petitioner. The second passport is alleged to have been issued on the basis of a police verification report sent by the SSP, Jalandhar. The petitioner thereafter applied for renewal of her original passport on 17.6.2005 vide receipt No.4493, file No.19521. The petitioner's request has been turned down by the passport authorities on the ground that a new passport No.B-5307975 has already been issued in her favour under the “Tatkal” scheme and that the petitioner herself has admitted that she was married to Kulwant Singh, though later on their marriage is stated to have been dissolved through some ‘panchayati divorce’. Against non-renewal of her passport, the petitioner has approached this Court. Notice of motion was issued and in response thereto, the respondents have filed their respective counter affidavits. The passport authorities have reiterated their stand that since the petitioner has already been issued the passport, bearing No.530-7975 on 18.5.2001 and she is not disputing her marriage with Kulwant Singh, no fresh passport can be issued in her favour unless a valid decree of divorce is produced by her. On the other hand, the petitioner's contention is that the above mentioned new passport has been got issued fraudulently by way of impersonation, may be at the instance of her the then husband, Kulwant Singh, and his second wife. Having heard Learned Counsel for the parties at some length and keeping in view the seriously disputed questions of facts involved in this case, I am of the considered view that no definite opinion can be formed by this Court at this stage. It is quite possible that after the petitioner started CWP No.12117 of 2008 -: 3 :- living separately from her husband Kulwant Singh, someone has played fraud in her name and got issued the fresh passport by way of impersonation. If that is so, prima-facie a cognizable offence has been committed. In these circumstances, more so when the petitioner has come up with specific allegations of playing fraud upon her, this writ petition is disposed of with a direction to the SSP, Jalandhar to take cognizance of the petitioner's complaint, get the FIR registered and investigated to find out as to whether passport No.B-5307975 issued under the “Tatkal” scheme was at the instance of the petitioner herself and/or it was got issued by someone fraudulently. The petitioner shall be at liberty to have further recourse, as may be available in law, depending upon the outcome of the investigation. Needless to say that if the police authorities arrive at a conclusion that the passport No.B-5307975 was got issued fraudulently, a report to this effect shall be sent to the passport authorities who shall then take appropriate action for cancellation of the said passport and consider the petitioner's request for issuance of a fresh passport in her favour. Let the investigation be completed within a period of three months from the date of receipt of a certified copy of this order. No costs. February 02, 2009. [ Surya Kant ] kadyan Judge