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2025 DAILYLAW 115766 (ALL)

EHSAN BEG v. UNION OF INDIA THRU. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 3 OTHERS

WRIC/234/2025 · 2025-01-22

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4130-DB Court No. - 2 Case :- WRIT - C No. - 234 of 2025 Petitioner :- Ehsan Beg Respondent :- Union Of India Thru. Ministry Of External Affairs New Delhi And 3 Others Counsel for Petitioner :- Anubhav Awasthi,Anand Mishra,Vinay Kumar,Vinayak Tiwari Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Heard counsel for the petitioner and Shri S.B. Pandey, Senior Advocate and Deputy Solicitor General of India assisted by Shri Varun Pandey for opposite party nos.1 and 2. 2. The petitioner's application for renewal/re-issuance of pass port is said to be pending since 16.04.2024. However, counsel for opposite party nos.1 and 2 submits that there is a criminal trial bearing Case Crime No.0032/2020, under Sections-147, 336, 352, 452, 323, 504, 506 IPC, lodged at P.S. Tikait Nagar, District- Barbanki pending against the petitioner. Therefore, he has to seek permission from the court where the proceedings are pending. 3. If the petitioner is residing abroad then he can seek permission from the court where the criminal proceedings are pending in view of the decision dated 03.12.2022 in Writ C No.8621 of 2022; Shiv Shankar vs. Union of India and others and the earlier decision on the subject in the case of Salim Khan vs. Union of India and Ors; Writ Petition No.31723 (M/B) of 2018 dated 20.11.2018 and judgment dated 21.06.2022 rendered in Writ C No.3617 of 2022 ; Smt. Rashmi Kapoor vs. Union of India and others or he may apply for an emergency certificate as provided under Section 4 (2) of the Passport Act, 1967 and the Pass Port Manual for entering into India and seeking such permission as the case may be. If such a permission/NOC is granted by the Court concerned, the same shall be submitted before the Regional Pass Port Officer who shall consider the application of the petitioner accordingly, as per law but with expedition say, within one month of submission of such NOC/permission. 4. The writ 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