Page No.# 1/3 GAHC010077232025 2025:GAU-AS:4839 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2097/2025 SAMIM UDDIN S/O- YEASIN ALI, R/O- MASHLY BLOCK1, PO- BHANGA BAZAR, PS BADARPUR, DI8ST- SRIBHUMI, PIN- 788701, ASSAM VERSUS THE UNION OF INDIA AND ORS REP BY THE MINISTRY OF EXTERNAL AFFAIRS, GOVT OF INDIA 2:REGIONAL PASSPORT OFFICER RANI BAGAN BASISTHA ROAD 3RD BYLANE GUWAHATI ASSAM PIN 781028 3:THE OFFICER IN CHARGE PASSPORT SEVE KENDRA GROUND AND FIRST FLOOR SHUBHAM VELOCITY HANUBORO PATH WALFORD GUWAHATI ASSAM PIN 78100 Advocate for the Petitioner : MR. A AHMED, MR. M A CHOUDHURY,MR A AHMED Advocate for the Respondent : DY.S.G.I., BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 23.04.2025 Heard Mr. A. Ahmed, learned counsel for the petitioner as well as Mr. R.K. D Choudhury, learned Dy.S.G.I on behalf of all the respondents. 2. The petitioner claims that he is aged about 39 years and a Muslim by Page No.# 2/3 religion who intends to perform Haj. However, as the petitioner does not have a Passport, he applied for the same and the application reference is indicated as ARM23-0022394754 dated 13.12.2023. The date of his appointment as per the online appointment receipt was fixed on 15.12.2023 by the concerned authority. The petitioner accordingly appeared before the authorities in the Passport Sewa Kendra, Guwahati on 15.12.2023. However, the application of the petitioner was rejected on the ground that a criminal case is pending against him. 3. The petitioner accordingly approached the Court of the learned Additional Sessions Judge, Karimganj by way of a Petition No.426/2013 in connection with Sessions Case No.182/2012 for permitting him to go on Haj. The Court of the learned Additional Sessions Judge, Karimganj by an order dated 24.05.2023 kept the said Petition No.426/2013 in abeyance inasmuch as, no charge has been framed in the criminal case pending against the petitioner. It is the case of the petitioner that till date no charges have been framed against the petitioner in the Sessions Case No.182/2012 and accordingly the petitioner is deprived of the issuance of limited Passport to the petitioner in terms of the Office Memorandum dated 10.10.2019 issued by the Ministry of External Affairs, PSP Division, Government of India with regard to issue of Passport to applicants against whom criminal cases are pending before Court of law in India. Being aggrieved, the petitioner is before this Court by way of the present writ petition. 4. After hearing the learned counsel for the parties and on consideration of the materials available on record, it is seen that the Petition No.426/2013 in connection with Sessions Case No.182/2012 is still Page No.# 3/3 kept in abeyance. 5. Accordingly, the petitioner is directed to approach the Court of the learned Additional Sessions Judge, Karimganj by way of a fresh application for issuance of No Objection Certificate and granting of limited Passport to permit the petitioner to perform Haj. 6. The petitioner is accordingly directed to file the application before the Court of learned Additional Sessions Judge, Karimganj within a period of one week from today. Thereafter, the learned Additional Sessions Judge, Karimganj shall consider the application and dispose of the same in accordance with law. 7. This Court is making it clear that any observation made in the present order would have no binding effect on the learned Additional Sessions Judge, Karimganj while considering the application to be made by the petitioner. 8. Let the application be considered and disposed of by the learned Additional Sessions Judge, Karimganj within a period of one month from the date of receipt of such application. 9. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant