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2025 DAILYLAW 117828 (ALL)

VIRENDRA KUMAR NISHAD v. U.O.I. ITHRU. ITS MINISTRY OF EXTERNAL AFFAIRS THRU. ITS SECY. AND 2 OTHERS

WRIC/841/2025 · 2025-02-06

Om Prakash Shukla, Rajan Roy

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7603-DB Court No. - 2 Case :- WRIT - C No. - 841 of 2025 Petitioner :- Virendra Kumar Nishad Respondent :- U.O.I. Ithru. Its Ministry Of External Affairs Thru. Its Secy. And 2 Others Counsel for Petitioner :- Shambhu Prasad,Rahul Singh Rana Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,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 3. 2. The contention of petitioner's counsel is that though criminal trials are pending against the petitioner arising out of Case Crime No. 0117 of 2022 under Sections 506, 504, 323, 452, 147 IPC, Police Station- Indiranagar, District - Lucknow and Case Crime No. 0146 of 2022, under Sections 504 and 323 IPC, Police Indiranagar, District- Lucknow but the said offences even if it is proved against the petitioner carries a sentence of less than 7 years and fine, therefore, pendency of the said criminal trials are 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. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 6.2.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench