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2025 DAILYLAW 121812 (ALL)

ASHISH KUMAR v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND ANOTHER

WRIC/1095/2025 · 2025-02-05

Om Prakash Shukla, Rajan Roy

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7432-DB Court No. - 2 Case :- WRIT - C No. - 1095 of 2025 Petitioner :- Ashish Kumar Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And Another Counsel for Petitioner :- Harendra Pratap Singh Counsel for Respondent :- A.S.G.I. 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 2. 2. By means of this writ petition the petitioner seeks disposal of his application for re-issuance/renewal of passport. 3. The contention of petitioner's counsel is that though there was a criminal case bearing Case Crime No. 0038 of 2022, under Section 13 Public Gambling Act, Police Station- Sareni, District- Raebareli. The same has been decided on 24.12.2024 by imposing a find of Rs.100/- which has been deposited by the petitioner, therefore, the said factum by itself can not be used against the petitioner. He relies upon Section 6(2)(f) of the Passport Act, 1967. 4. He says that 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. 5. Learned counsel for the opposite parties does not dispute the judgment of Hon'ble the Supreme Court referred hereinabove. 6. 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 referredhereinabove but with expedition say within six weeks from the date a certified copy of this order is produced before him. 7. With these observations/ direction, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 5.2.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench