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2025 DAILYLAW 142403 (ALL)

VINAY KUMAR v. U.O.I. THRU. SECY. MINISTRY OF PASSPORT, NEW DELHI AND ORS.

WRIC/5260/2025 · 2025-06-03

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34351-DB Court No. - 2 Case :- WRIT - C No. - 5260 of 2025 Petitioner :- Vinay Kumar Respondent :- U.O.I. Thru. Secy. Ministry Of Passport, New Delhi And Ors. Counsel for Petitioner :- Anoop Kumar Upadhyay Counsel for Respondent :- A.S.G.I. 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 nos.1 and 2- Union of India and Regional Passport Officer and learned Standing Counsel for State-respondent no. 3. 2. By means of this petition, the petitioner has sought a writ of mandamus commanding opposite party no.2 to take a decision and renew passport of the petitioner bearing Passport No. L9355316 issued on 06.05.2014. 3. In para 7 of the writ petition, pendency of a trial arising out of Case Crime No.244 of 2021, under Sections 323, 504, 325 IPC, Police Station Utraula, District Balrampur has been mentioned and in the said case charge sheet has been submitted against the petitioner. 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 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench