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2025 DAILYLAW 154415 (ALL)

SARAFAT HUSAIN v. U.O.I. THRU. SECY. MINISTRY OF FOREIGN AND EXTERNAL AFFAIRS NEW DELHI AND 3 OTHERS

WRIC/7199/2025 · 2025-07-29

Rajan Roy, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43688-DB Court No. - 2 Case :- WRIT - C No. - 7199 of 2025 Petitioner :- Sarafat Husain Respondent :- U.O.I. Thru. Secy. Ministry Of Foreign And External Affairs New Delhi And 3 Others Counsel for Petitioner :- Jaikaran Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Saurabh Lavania,J. 1. Heard learned Counsel for the petitioner, Sri S.B. Pandey, learned Senior Advocate/D.S.G.I. assisted by Sri Devrishi Kumar, learned counsel for the opposite parties no. 1 and 2/Union of India and learned Standing Counsel for opposite parties no. 3 and 4. 2. By means of this petition, the petitioner has sought a writ of mandamus commanding opposite parties no. 3 and 4 to submit the report in favour of the petitioner relating to renewal of passport bearing No.N4930797, pending before the opposite party No.2. 3. Admittedly, as stated by the petitioner in para 6 of the writ petition a criminal case bearing Case Crime No.245 of 2021, under Sections 419, 420 I.P.C., Police Station Jayas, District Amethi is pending against the petitioner wherein a final report has been filed by the police after investigation but there is nothing on record to show that the final report has been accepted or as to what is the stage of the proceedings. 4. We have already elucidated the law with regard to matters where passport is not being issued on account of pendency of criminal case in 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.', 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. (Saurabh Lavania,J. J.) (Rajan Roy, J.) Order Date :- 29.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench