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2025 DAILYLAW 160898 (ALL)

MOHAMMAD SHABBIR PASHA ALIAS MOHAMMAD SHABBIR v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 3 OTHERS

WRIC/8274/2025 · 2025-08-28

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8274 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.3 and 4 and Shri Varun Pandey who appears on behalf of the Opposite party. (2) This petition has been filed by the petitioner for the following main prayer:- "i) Issue a writ, order or direction in the nature of Mandamus directing the Respondent Nos.1 & 2 to to decide the passport renewal application of the petitioner having File No.LKK070759711025 pending in the office of Respondent no.2. ii) Issue a writ, order or direction in the nature of Mandamus directing the Respondent nos.3 and 4 to submit proper Police Verification Report to the Respondent no.2 for expeditious disposal of the Passport Renewal Application of the petitioner pending since 24.02.2025. iii) Allow the petition with cost." (3) The counsel for the Union of India has pointed out Paragraph-11 of the petition wherein it has been stated that Case Crime No.580 of 2014, under Sections 323, 325, 504 IPC was registered against the petitioner and the Charge-sheet has been filed in the Trial Court on 27.05.2014. Versus Counsel for Petitioner(s) : Mohd. Afghan Khan, Harsh Raj Jaiswal, Mohd Kaif Khan, Shreet Raj Jaiswal Counsel for Respondent(s) : A.S.G.I. Mohammad Shabbir Pasha Alias Mohammad Shabbir .....Petitioner(s) Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 3 Others .....Respondent(s) (4) The instructions are kept on record. (5) In the case of the petitioner a criminal case is pending, details of which are given below:- "(i) Case Crime No.580 of 2014, under Sections 323, 325, 504 IPC at Police Station Utraula, District Balrampur." (6) It has been submitted by learned counsel for the petitioner that Investigating Officer has filed the charge-sheet against the petitioner under Sections 323, 325 and 504 of the I.P.C. in Case Crime No.580 of 2014. (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 28, 2025 N.PAL WRIC No. 8274 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench