SYED ABDUR RAHMAN v. UNION OF INDIA THRU. SECY. MINISTRY OF PASSPORT NEW DELHI AND OTHERS
WRIC/3506/2025 · 2025-04-15
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133307 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133307 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20924-DB Court No. - 2 Case :- WRIT - C No. - 3506 of 2025 Petitioner :- Syed Abdur Rahman Respondent :- Union Of India Thru. Secy. Ministry Of Passport New Delhi And Others Counsel for Petitioner :- Tajdar Ahmad,Mahesh Kumar Sharma 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 & D.S.G.I. assisted by Sri Varun Pandey, learned counsel for the opposite parties.
2. 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 'Anand Kumar Singh Vs. Union of India & Ors.' 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.', Yet writ petitions are being filed seeking such reliefs as has been prayed therein. This wastes the time of the Court. Petitioner should seek remedy before the Court where criminal trial is pending in the light of our judgments referred hereinabove. If in the case of the petitioner, as claimed, the criminal proceedings are under challenged in Petition under Section 482 Cr.P.C. before the High Court at Lucknow bearing No.2278 of 2025; Altaf Khan and 2 Others Vs. State of U.P. and Another, wherein the proceedings before the trial court have been stayed, then such permission will have to be sought from the High Court in the proceedings under Section 482 Cr.P.C., we have already considered this aspect in the case of Smt. Rashmi Kapoor (Supra).
3. Accordingly, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 15.4.2025/Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench