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2025 DAILYLAW 139223 (ALL)

MAHESH KUMAR v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 4 OTHERS

WRIC/4420/2025 · 2025-05-15

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28481-DB Court No. - 2 Case :- WRIT - C No. - 4420 of 2025 Petitioner :- Mahesh Kumar Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 4 Others Counsel for Petitioner :- Ram Singh Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned Counsel for the petitioner, Sri S.B. Pandey, learned Senior Advocate/D.S.G.I. assisted by Sri Varun Pandey, learned counsel for the opposite parties no. 1 and 2/Union of India and learned Standing Counsel for opposite parties no. 3 to 5. 2. By means of this petition, the petitioner has sought a writ of mandamus commanding opposite party no. 2 to issue the passport by allowing the application dated 07.02.2025. 3. In paras 6 and 7 of the writ petition, pendency of an F.I.R. bearing Case Crime No.329 of 2020, under Sections 323, 504, 506, 427, 336 I.P.C., Police Station Alapur, District Ambedkar Nagar has been mentioned and after concluding the investigation, charge sheet has been filed and trial is pending in the Court of Chief Judicial Magistrate, Ambedkar Nagar. 4. 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 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. 5. Accordingly, the petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 15.5.2025 Ajit Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench