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2025 DAILYLAW 153621 (ALL)

SAMAN BANO QIDWARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 2 OTHERS

WRIC/7153/2025 · 2025-07-31

Manish Kumar, Rajan Roy

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44270-DB Court No. - 2 Case :- WRIT - C No. - 7153 of 2025 Petitioner :- Saman Bano Qidwari Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 2 Others Counsel for Petitioner :- Amjad Siddiqui Counsel for Respondent :- C.S.C.,A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Heard learned Counsel for the petitioner, learned Standing Counsel for opposite party no. 1, Sri Varun Pandey, learned counsel for the opposite parties no. 2 & 3. 2. By means of this petition, the petitioner has sought a writ of mandamus commanding opposite party no. 2 & 3 to reissue/renewal the passport of the petitioner. 3. A case bearing no. 371 of 2016 was registered against the petitioner, in which the Investigating Officer submitted a final report, however the same has not been accepted instead a protest has been filed by the informant-complainant. Therefore, according to the learned counsel for the opposite party nos.2 & 3, the matter is pending consideration, specially as if the protest application is allowed, the case may proceed as a complaint case. We find merits in the submission of Sri Varun Pandey, learned counsel for the opposite party nos. 2 & 3. 4. Therefore, in view of the pronounces of this Court 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.', as well as the decision of Hon'ble Supreme Court dated 10.10.2019 passed in SLP (C) No.7481/2024 'Rita Verma Vs. Union of India and Others', the petitioner should seek permission/NOC from the Court where the proceedings are pending in the light of our judgments referred hereinabove. 5. Accordingly, the petition is disposed of. (Manish Kumar, J.) (Rajan Roy, J.) Order Date :- 31.7.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench