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2025 DAILYLAW 135945 (ALL)

MOHD.TARIQUE KHAN v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 3 OTHERS

WRIC/3847/2025 · 2025-04-23

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23027-DB Court No. - 2 Case :- WRIT - C No. - 3847 of 2025 Petitioner :- Mohd.Tarique Khan Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 3 Others Counsel for Petitioner :- Rahul Roshan Dubey Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard Shri Rahul Roshan Dubey, learned counsel for the petitioner and Sri S.B. Pandey, learned Senior Advocate and Deputy Solicitor General of India assisted by Sri Varun Pandey, learned counsel for the opposite parties. 2. The petitioner, who is abroad, has filed this writ petition through power attorney holder Mohd. Nasim Khan seeking renewal of the petitioner's passport. 3. The facts of the case in brief are that petitioner was issued a passport and based thereon he traveled abroad and he is at present working in Oman. Thereafter, on noticing a spelling error in the name of second wife of the petitioner in the passport he moved an application for correction. It is then the police verification report was received which was found to be adverse on account of filing of an F.I.R. No. 0271 of 2023 against the petitioner under Section 34, 498-A, 406 IPC and 3/4 Dowry of Prohibition Act, 1961 by the father of the first wife of the petitioner. It is not in dispute that charge sheet has been filed in the said criminal case which is ending trial before the Court of ACJM-II, District- Sultanpur, Uttar Pradesh, India. 4. We have already settled law vide our decisions 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., wherein, we have considered the provisions of the Passport Act, 1967 and the Notifications dated 25.08.1993 and 10.10.2019 that in such an eventuality the petitioner has to seek permission from the Court where the criminal trial is pending to go abroad and for issuance of passport or for its renewal. 5. In the present case, as the petitioner is abroad, therefore, he can move such an application before the Court where the trial is pending against him through his cousin brother who has filed the affidavit in support of this writ petition seeking permission for renewal of the Passport whereupon the same shall be considered and appropriate decision shall be taken, however, with expedition, say, within a period of three weeks from the date of filing of such application. If the NOC or permission as prayed for is granted, then, the same shall be submitted by the petitioner or his power attorney holder to the opposite party no. 2 who shall thereafter consider the application for renewal of the Passport. 6. With the aforesaid observations/directions, the writ petition is disposed of. 7. Let a copy of this order be provided to the learned counsel for the parties today itself on payment of usual charges. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 23.4.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench