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2025 DAILYLAW 127363 (ALL)

MOHARRAM ALI v. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS THRU. SECY. GOVT. OF INDIA NEW DELHI AND 2 OTHERS

WRIC/2315/2025 · 2025-03-11

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14752-DB Court No. - 2 Case :- WRIT - C No. - 2315 of 2025 Petitioner :- Moharram Ali Respondent :- Union Of India Ministry Of External Affairs Thru. Secy. Govt. Of India New Delhi And 2 Others Counsel for Petitioner :- Aasif Razzaque Khan 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, 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. The petitioner says that whatever criminal cases were there against him have been concluded. They have resulted either in a final report being submitted or disposal with fine, etc. or having been compounded as the case may be, yet, the passport is not being issued to the petitioner. 3. However, Shri Pandey appearing for the opposite parties says that the second police verification report is also against the petitioner which refers to pendency of certain criminal cases. 4. Let the petitioner inform the opposite party no. 3 about the facts within his knowledge based on documentary proof, if any. If, in spite of it, it is found that there are certain criminal cases still pending, then, the same would be informed to the petitioner by opposite party no. 3, whereupon, the petitioner will have to seek permission from the Court where the criminal trial is pending if it is so in terms of our decision dated 03.12.2022 in Writ C No.8621 of 2022; Shiv Shankar vs. Union of India and others and the earlier decision on the subject in the case of Salim Khan vs. Union of India and Ors; Writ Petition No.31723 (M/B) of 2018 dated 20.11.2018 and judgment dated 21.06.2022 rendered in Writ C No.3617 of 2022 ; Smt. Rashmi Kapoor vs. Union of India and others and Judgment dated 15.01.2025 rendered in Writ - C no. 281 of 2025; Sanjay Kumar Pandey Vs. Union of India and Ors. and the notifications issued under the Passport Act, 1967. However, if it is found that no such criminal case is pending or it has already been concluded, then, whatever decision is required to be taken as per law, the opposite party no. 3 shall do so. This exercise shall be completed within six weeks. 5. At this stage, it has been informed that a communication has been received from the Assistant Passport Officer dated 27.02.2025 after filing of this petition to appear before him on any working day. We have already made provision for the aforesaid. Let the petitioner do the needful. 6. With the aforesaid observations, the writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 11.3.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench