MOHAMMAD SAQUIB v. UNION OF INDIA THRU. SECY. EXTERNAL AFFAIRS MINISTRY CENTRAL SECTT. NEW DELHI AND 2 OTHERS
A483/320/2025 · 2025-05-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134123 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134123 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26869 Court No. - 14 Case :- APPLICATION U/S 483 No. - 320 of 2025 Applicant :- Mohammad Saquib Opposite Party :- Union Of India Thru. Secy. External Affairs Ministry Central Sectt. New Delhi And 2 Others Counsel for Applicant :- Ali Abbas Ansari Counsel for Opposite Party :- A.S.G.I.,G.A. Hon'ble Manish Kumar,J.
1. Heard Shri Abbas Ansari, learned counsel for the applicant and Shri S.B Pandey, learned Senior Advocate & D.S.G.I, assisted by Shri Varun Pandey, learned counsel for the opposite party nos. 1 and 3. 2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with the following main prayer:-
"That it would be expedient in the interest of justice to this Hon'ble High Court may kindly be pleased to direct the Learned Additional Chief Judicial Magistrate, First, Faizabad/Ayodhya to permit the applicant for renewal of passport which has been kept pending by the Opposite Party No. 3 in pursuance of Crl. Misc. Case No. - 2192 of 2022; State Vs. Mohammad Saquib Ansari and others, arising out of Charge Sheet No. - 108(01) of 2022 in pursuance of Case Crime No. 68 of 2022, Under Section 406 I.P.C., Police Station Cantt, District Ayodhya, in the light of notification NO. G.S.R. 298 (E) dated 14.04.1976 gazette by Union of India (contained as Annexure No. 1), to prevent to abuse of process of law."
3. The brief facts of the case are that an F.I.R has been lodged against the applicant in which a chargesheet has been filed in the year 2022, under Sections 406 I.P.C. During the pendency of the criminal case, the passport of the applicant was going to expire on 23.03.2025, hence, prior to the expiry of the said period, the applicant has moved an application before the respondent no. 3 on 12.01.2024 for renewal of his passport. Respondent no. 3 has not passed any order due to the police report regarding the pendency of the criminal case against the applicant.
The applicant has alleged that he had moved an application on 28.03.2024 before the Additional Chief Judicial Magistrate, First, Faizabad/Ayodhya for granting no objection/permission for renewal of his passport where the Crime No. 2192 of 2022 is pending against the applicant, but it has been alleged in the present case that the concerned court has refused to accept the application and under these compelling circumstances, the applicant has no other option except to approach this Court. 4. As per the law settled by this Court that in the cases of issuance/renewal of the passport, the accused has to move an application before the court concerned where the criminal case is pending and the court concerned, after
considering the provisions and the notifications issued time to time by the Government of India and the law settled by this Court, shall pass an order on the application preferred by the accused person. 5. Learned A.G.A has no objection in the matter being decided at this stage itself. 6. As such, the applicant is directed to move an application afresh before the Additional Chief Judicial Magistrate, Faizabad/Ayodhya for grant of N.O.C/Renewal of his passport and in case, any such application is preferred, it is expected that the court concerned shall make an endeavour to decide the matter expeditiously, keeping in mind the relevant provisions and the notifications issued by the Government of India time to time. 7. Accordingly, the present application is disposed of. Order Date :- 7.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench