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2025 DAILYLAW 142029 (ALL)

MOHD.SAIF KHAN v. UNION OF INDIA THRU. SECY. MINISTRY EXTERNAL AFFAIRS GOVT. INDIA AND 3 OTHERS

WRIC/5082/2025 · 2025-06-03

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34288-DB Court No. - 2 Case :- WRIT - C No. - 5082 of 2025 Petitioner :- Mohd.Saif Khan Respondent :- Union Of India Thru. Secy. Ministry External Affairs Govt. India And 3 Others Counsel for Petitioner :- Suresh Kumar Upadhyay,Ashutosh Pandey Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioner, Shri Varun Pandey, learned counsel for the opposite parties no.1- Union of India and learned Standing Counsel for State-respondents. 2. By means of this petition, the petitioner has sought a writ of mandamus commanding the opposite party no.2 to take a considered decision on the application of the petitioner bearing Application Reference No. (ARN)- 230018956510 for renewal of passport. 3. In paragraph 5 of the writ petition, pendency of a trial arising out of Case Crime No.357 of 2018, under Sections 147, 323, 504, 506 IPC registered at Police Station Kurwar, District Sultanpur has been mentioned and in the said case the petitioner has been granted bail by court below. 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 herein above. 5. Accordingly, the petition is disposed of. (Praveen Kumar Giri,J.) (Rajan Roy,J.) Order Date :- 3.6.2025/Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench