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2025 DAILYLAW 118867 (ALL)

DINESH v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS AND 4 OTHERS

WRIC/570/2025 · 2025-01-23

Manish Kumar, Rajan Roy

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4429-DB Court No. - 2 Case :- WRIT - C No. - 570 of 2025 Petitioner :- Dinesh Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs And 4 Others Counsel for Petitioner :- Uma Kant Gupta 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.0028 of 2022 under Section 3/25 of the Arms Act, Police Station Khiron, District Raibareli but the said offence even if it is proved against the petitioner carries a sentence less than seven years, 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. 4. 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. 5. With these observations/ direction, the petition is disposed of. Order Date :- 23.1.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench