MOHAMMAD QASIM ANSARI v. UNION OF INDIA THRU. ITS SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 3 OTHERS
WRIC/8251/2025 · 2025-08-29
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159805 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159805 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8251 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J. (1) Heard learned counsel for the petitioner, learned Standing counsel who appears for the State-respondent and Shri Varun Pandey, who appears on behalf of the Respondent nos.1 and 3. (2) This petition has been filed by the petitioner for the following main prayer:-
"i) to issue a writ, order or direction in the nature of MANDAMUS thereby commanding and directing to the opposite parties more specially the Opposite Party NO.3/the Regional Passport Officer, Lucknow to consider and decide pending application in respect for reissue of the Passport dated 21.01.2025 expeditiously within a reasonable and stipulated times as fixed by this Hon'ble High Court in the interest of justice." (3) The counsel for the Union of India has pointed out Paragraphs-5, 6&7 of the petition wherein it has been stated that Case Crime No.0160 of 2021, under Sections 147, 353, 323, 269, 270 IPC and Section 3 of the Epidemic Diseases Act, 1897 was registered against the petitioner and the Charge-sheet has been filed in the Trial Court on 29.09.2021 under Sections 147, 353, 323, 269, 270, 506, 507, 120B IPC and Section 3 of the Epidemic Diseases Act, 1897. (4) In the case of the petitioner a criminal case is pending, details of which are given below:- Versus Counsel for Petitioner(s) : Balak Ram Counsel for Respondent(s) :
A.S.G.I., C.S.C. Mohammad Qasim Ansari .....Petitioner(s) Union Of India Thru. Its Secy. Ministry Of External Affairs New Delhi And 3 Others .....Respondent(s)
"(i) Case Crime No.0160 of 2021, under Sections 147, 353, 323, 269, 270 IPC and Section 3 of the Epidemic Diseases Act, 1897 at Police Station Kotwali Tanda, District Ambedkar Nagar." (6) It has been submitted by learned counsel for the petitioner that the summons were issued by the Trial Court and the petitioner was granted bail on 27.02.2024 . (7) 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.
(8) 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, he may approach the Regional Passport Officer, who may pass an appropriate order, in accordance with law, thereafter. August 29, 2025 Darpan Sharma WRIC No. 8251 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench