MOHDEEP SETH v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND OTHERS
WRIC/1559/2025 · 2025-02-20
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121699 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121699 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11173-DB Court No. - 2 Case :- WRIT - C No. - 1559 of 2025 Petitioner :- Mohdeep Seth Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And Others Counsel for Petitioner :- Hari Krishna Srivastava,Laxmi Narayan Mishra,Nishant Singh,Sweta Swarankar Counsel for Respondent :- A.S.G.I.,G.A. 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 & D.S.G.I. assisted by Sri Varun Pandey, learned counsel for the opposite parties.
2. As per the impugned order 09.01.2025 there is a criminal case pending adjudication in a court of criminal jurisdiction, therefore, passport of the petitioner cannot be renewed or new passport cannot be issued though the impugned order does not mention the details of the criminal case but in writ petition in paragraph No.9 it has been mentioned.
3. In these circumstances, we have already elucidated the law with regard to matters where passport is not being issued on account of pendency of criminal trial in our judgments such as decision dated 20.11.2018 passed in Writ Petition No.31723 (M/B) of 2018 'Salim Kumar vs. Union of India & Ors.';
judgment dated 03.12.2022 rendered in Writ-C No.8621 of 2022 'Shiv Shankar vs. Union of India & Ors.'; decision dated 21.06.2022 rendered in Writ-C No.3617 of 2022 'Smt. Rashmi Kapoor vs. Union of India & Ors.'; decision dated 13.11.2024 passed in Writ-C No.9562 of 2024 and a recent decision dated 21.10.2024 rendered by this very Division Bench in Writ-C No.8874 of 2024 'Shah Alam vs. Union of India & Ors.'
4. In view of the aforesaid, the impugned order does not require any interference, however, the petitioner may seek permission from the trial court concerned for issuance of passport and going abroad.
5. Accordingly, the petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.]
Order Date :- 20.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench