ANGELINA IRIS NAYYAR v. UNION OF INDIA THRU. PRIN. SECY. DEPTT. OF EXTERNAL AFFAIRS NEW DELHI AND 2 OTHERS
WRIC/6333/2025 · 2025-07-08
Om Prakash Shukla, Rajan Roy
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 149289 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149289 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38637-DB Court No. - 2 Case :- WRIT - C No. - 6333 of 2025 Petitioner :- Angelina Iris Nayyar Respondent :- Union Of India Thru. Prin. Secy. Deptt. Of External Affairs New Delhi And 2 Others Counsel for Petitioner :- Manish Vaish,Sharad Kumar Verma Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned Counsel for the petitioner, Shri S.B. Pandey, learned Senior Advocate & D.S.G.I. assisted by Shri Varun Pandey, learned Counsel for the opposite parties no. 1 & 2, and learned Standing Counsel for the opposite party no. 3. The petitioner has submitted an application for issuance of passport which has been impounded. The contention is that though an F.I.R. has been lodged bearing no. 295 of 2024, no charge sheet has been filed. However, Shri Vivek Manishi Shukla, learned Standing Counsel says that he has instructions from the Police to inform the Court that charge sheet has been prepared and sent to the superior authorities. The impounding of the passport is on the ground of pendency of a criminal case which is permissible under Clause (e) Sub- section 3 of Section 10 of the Passport Act, 1967. However, we find that in this case there is no criminal case pending as of now before the Court which is evident from the statement made by Shri Vivek Manishi Shukla, learned Standing Counsel also, according to whom, though the charge sheet has been prepared, it has not been filed as yet in Court and has only been sent to the supervisory authority. There is a decision of Hon'ble the Supreme Court rendered on 20.09.2024 in S.L.P. (C) No. 7481 of 2024, Rita Verma Vs. Union of India & Ors.; albeit, in the context of Section 6(2)(f) and the notifications issued in that regard under Section 22 of the Passport Act, 1967, but the provisions contained in Section 6(2)(f) are similar to the provisions contained om Section 10(3)(e). The former provision relates to issuance of passport and the ground on which it can be declined, and the notifications referred in Rita Verma (supra) also refer to the relaxations / exemptions granted by the Central Government in that context. Section 10(3)(e) refers to impounding etc. of passport on similar grounds. The language
of the clause is also similar to Section 6(2)(f).
As, the charge sheet itself has not been filed in Court, it cannot be said that the case is pending before the Court, but without saying anything further, let the petitioner move an application annexing the said
judgment before the opposite party no. 2 who may get the facts verified and take a decision as per law, but with expedition say within one week of submission of the application. The writ petition disposed of in the aforesaid terms.
Order Date :- 8.7.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench