SMT. SHAHIN v. UNION OF INDIA THRU. SECY. MINISTRY EXTERNAL AFFAIRS NEW DELHI AND ANOTHER
WRIC/8000/2025 · 2025-08-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158504 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158504 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8000 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner and Shri S.B. Pandey, Deputy Solicitor General of India and Senior Advocate assisted by Shri Varun Pandey, for the respondent nos. 1 and 2 only. 2. This petition has been filed with the following main prayer :-
"[i]- issue a writ, order or direction in the nature of mandamus thereby commanding and directing the respondent no.2 to issue passport in favour of the petitioner after considering the application dated 11.06.2025 in the interest of justice."
3. It has been submitted by the learned counsel for the petitioner that the petitioner is a housewife and she has to go abroad for religious purpose. Therefore, she applied for issuance of passport but her application has remained pending. The status report shows that application is under review at Regional Passport Office because of negative report submitted by the police in which a criminal case is reported to be pending against her. 4. Learned Counsel appearing on behalf of the Respondent nos.1 and 2 has pointed out that under Sub-Section (2) Clause-F of Section-6 of the Passport Act, the issuance of Renewal of Passport can be withheld by the Regional Passport Officer, in case of criminal proceedings being pending against the applicant. In the case of the petitioner a criminal case is pending, details of which are given below:- Versus Counsel for Petitioner(s) : Arjun Kumar Kaushal Counsel for Respondent(s) : A.S.G.I. Smt. Shahin .....Petitioner(s) Union Of India Thru. Secy. Ministry External Affairs New Delhi And Another .....Respondent(s)
"(1). Case Crime/F.I.R. No.239 of 2009 has been registered on 11.06.2009 at Police Station Sadattganj, District Lucknow, under Sections 147, 353, 332, 216A I.P.C."
5. It has been submitted by learned counsel for the petitioner that Investigating Officer has filed the charge-sheet on 01.09.2009 against the petitioner under the aforesaid Sections and trial is pending. 6. Learned counsel for the respondents has pointed out the Government of India Notification dated 25.08.1993 and the judgment of this Court in the case of Saleem Khan Vs. Union of India and Another, decided on 20.11.2018 in Writ Petition No.31723 (M/B) of 2018. 7.
This writ petition is finally disposed of with a direction to the petitioner to approach the Trial Court where the criminal case is pending and seek permission by way of an appropriate application. Only after such permission is granted by the learned Trial Court, the petitioner may approach the Regional Passport Officer, who may pass an appropriate order, in accordance with law, thereafter. August 25, 2025 Pks WRIC No. 8000 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench