POOJA SHUKLA v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS GOVT. OF INDIA NEW DELHI AND 3 OTHERS
WRIC/459/2025 · 2025-01-28
Attau Rahman Masoodi, Subhash Vidyarthi
Criminal Appealbody2025
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[ 2025 DAILYLAW 118036 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 118036 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5831-DB Court No. - 1 Case :- WRIT - C No. - 459 of 2025 Petitioner :- Pooja Shukla Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs Govt. Of India New Delhi And 3 Others Counsel for Petitioner :- Mahmood Alam,Akil Imam,Mayank Dwivedi,Syed Saad Anwar Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
Learned counsel for the petitioner has submitted that the petitioner has applied for issuance of the passport before the Regional Passport Office, Lucknow but the same has not been issued for the reason that the police verification report is pending. The petitioner in paragraph-9 of the writ petition has stated that two criminal cases i.e. Case Crime No.0404/2027 under Section 147,353, 504, 506,332, 341, 120-B IPC read with section 7 of the Criminal (Amendment) Act,1932 related to Police Station Hasan Ganj, Lucknow and Case Crime No.0583/2019 under Section 34, 143, 188, 341 IPC read with Section 7 of the Criminal (Amendment) Act,1932 related to Police Station Hazrat Ganj, Lucknow are pending in which he has already been bailed out. The Government of India, Ministry of External Affairs has issued guidelines, according to which in a situation where criminal cases are pending against a person, on applying for issuing a passport/renewal of passport, the matter is regulated under Notification dated 25th August, 1993, which, for ready reference, has been reproduced in a judgment rendered by this Court in Misc. Bench No.31723 of 2018. Learned counsel for the petitioner has also placed reliance on a
judgment rendered by Delhi High Court in Criminal Appeal No.686/2018 (Ashok Khanna Vs. Central Bureau of Investigation) decided on 07.11.2019, MANU/DE/3767/2019 and reliance has also been placed upon a judgment/order passed by Hon'ble Apex Court in Criminal Appeal Nos. 1342/2017 (Vangala Kasturi Rangacharyulu Vs. Central
Bureau
of
Investigation), MANU/SCOR/34388/2021, decided on 27.09.2021. On a careful reading of the notification placed on record, it is gathered that it is the competent court where the criminal case is pending that the petitioner may make an appropriate application for issuance/renewal of the passport before the court concerned seeking directions to the competent authority for issuing/renewal of passport during pendency of the criminal cases. In case any such application is filed, it is expected that the competent court shall pass necessary orders expeditiously, preferably within a period of two months from the date of its filing, after putting the parties to notice. With the above observation, the writ petition is
disposed of. (Subhash Vidyarthi,J.) (Attau Rahman Masoodi,J.)
Order Date :- 28.1.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench