MOHD. UMAR v. UOI THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 2 OTHERS
WRIC/8044/2025 · 2025-08-22
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158714 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158714 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49347-DB Court No. - 2 Case :- WRIT - C No. - 8044 of 2025 Petitioner :- Mohd. Umar Respondent :- Uoi Thru. Secy. Ministry Of External Affairs New Delhi And 2 Others Counsel for Petitioner :- Aziza Khan,Devendra Kumar,Neha Chaurasia Counsel for Respondent :- A.S.G.I. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard the 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 commanding and directing the respondent no. 3 to decide the passport application bearing File No LKKO67202235022 dated 30.11.2022 in favour of petitioner which is pending before the opposite party no. 2 as contained in Annexure no. 1 to this writ petition."
3. It has been submitted by the learned counsel for the petitioner that the petitioner's Passport was going to expire and therefore, he applied for renewal thereof but his application has remained pending. He has been orally informed that the renewal of Passport cannot be considered because of negative report submitted by the police in which a criminal case is reported to be pending against him. 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:-
"(1). Case Crime/F.I.R. No.0384 of 2020 has been registered on 12.11.2020 at Police Station Kotwali Dehat, District Balrampur, under Sections 188, 270, 186 I.P.C. and 51 Apda Prabandhan and Mahamari Adhiniyam, 1897."
5. It has been submitted by learned counsel for the petitioner that Investigating Officer has filed the charge- sheet against the petitioner under the aforesaid Sections. 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 cases are 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. Order Date :- 22.8.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench