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2025 DAILYLAW 136119 (ALL)

AFZAL IRSHAD KIRMANI v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND ANOTHER

WRIC/3919/2025 · 2025-04-25

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23774-DB Court No. - 2 Case :- WRIT - C No. - 3919 of 2025 Petitioner :- Afzal Irshad Kirmani Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And Another Counsel for Petitioner :- Girish Kumar Pandey,Sher Bahadur Yadav 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. The petitioner has prayed for issuance of a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 08.11.2024 by which the passport of the petitioner has been impounded on account of pendency of criminal case against him details of which has been mentioned in para no.4 of the petition. The criminal case bears Case Crime No.0016 of 2013 which has been lodged on 07.01.2023 under Sections- 409, 320 I.P.C. P.S.-Vibhuti Khand, District-Lucknow. However, petitioner does not have any knowledge as to whether chargesheet has been filed or not. 3. The writ petition is disposed of with liberty to the petitioner to find out as to whether chargesheet has been filed against him in the aforesaid criminal case or not. If it has been filed and the trial is pending then he will have to seek N.O.C./ permission from the court of competent criminal jurisdiction in the light of G.S.R. 370(E) dated 25.08.1993 and Notification dated 10.10.2019 and the decisions of this Court 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.'; 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.' on the same subject and the order passed on 13.11.2024 in Writ-C No.9562 of 2024 'Anand Kumar Singh vs. Union of India'. However, if he finds that no such chargesheet has been filed and trial is not pending then he shall intimate Passport Officer about the same whereupon the Passport Officer shall take a decision in the matter in the light of the judgment dated 21.06.2024 passed by Bombay High Court in Writ Petition (L) No.14496 of 2024 'Kartik Vaman Bhatt vs. Union of India & Ors.' and judgment of this Court rendered in Writ-C No.9062 of 2023 'Amitab vs. Union of India' decided on 18.10.2023 at the earliest say within one month. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 25.4.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench