ABUBKAR v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 3 OTHERS
WRIC/231/2025 · 2025-01-22
Manish Kumar, Rajan Roy
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 115744 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115744 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4121-DB Court No. - 2 Case :- WRIT - C No. - 231 of 2025 Petitioner :- Abubkar Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 3 Others Counsel for Petitioner :- Manuj Darbari,Jai Vardhan Srivastava Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the petitioner and Sri S.B. Pandey, learned Senior Advocate assisted by Sri Varun Pandey, learned counsel for opposite party nos.1 and 2.
2. The contention of petitioner's counsel is that though a criminal trial is pending against the petitioner arising out of Case Crime No.103 of 2023 under Section -13 of the U.P. Gambling Act but the said offence even if it is proved against the petitioner carries a sentence of imprisonment for one month and fine, therefore, pendency of the said criminal trial is not an impediment in issuance of a passport. He relies upon Section 6(2)(f) of the Passport Act, 1967.
3. There is a judgment on the subject rendered by Hon'ble the Supreme Court on 27.09.2021 in Criminal Appeal No(s).1342 of 2017 'Vangala Kasturi Rangacharyulu vs. Central Bureau of Investigation' which is applicable in such situations. Let the Regional Passport Officer take a decision on the application of the petitioner in the light of the provisions of the Passport Act, 1967 and relevant circulars on the subject as also the decision of Hon'ble the Supreme Court referred hereinabove but with expedition say within six weeks from the date a certified copy of this order is produced before him.
4. With these observations/ direction, the petition is disposed of. (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 22.1.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench