SHAMSHAD ALI @ SAMSHAD ALI v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 2 OTHERS
WRIC/2182/2025 · 2025-03-11
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126899 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126899 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14726-DB Court No. - 2 Case :- WRIT - C No. - 2182 of 2025 Petitioner :- Shamshad Ali @ Samshad Ali Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 2 Others Counsel for Petitioner :- Ali Hasan,Mohd. Suhail 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 Shri S.B. Pandey, learned Senior Advocate and Deputy Solicitor General of India assisted by Shri Varun Pandey, learned Counsel for the Union of India .
2. Petitioner claims that he has been acquitted in criminal case arising out of Case Crime No.238 of 1998, yet the passport is not being reissued after its expiry. However, Sri Raj Bux Singh, learned Addl. C.S.C. has instructions to the effect that there are two criminal cases against the petitioner, one arises out of Case Crime No.238 of 1998 in which he has been acquitted the other arises out of Case Crime No.80/1991 under Sections-323, 324, 325, 504 I.P.C., P.S.-Patranga, District-Ayodhya which is still pending trial.
3. If the petitioner has already been acquitted in both the criminal cases then he should apprise the regional passport officer in writing about the correct factual position whereupon opposite party no.2 shall get the facts verified and do the needful as per law. However, if there is any criminal trial pending against the petitioner then he will have to seek permission to go abroad and reissuance of passport in terms of decision of this Court 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. Accordingly, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 11.3.2025/Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench