KALEKTER TIWARI @ SANJAY TIWARI v. UNION. OF. INDIA. THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI GOVT. OF INDIA AND 3 OTHERS
WRIC/8409/2025 · 2025-09-03
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160980 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160980 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8409 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner, Sri S. B. Pandey, learned D.S.G.I. assisted by Sri Varun Pandey, learned counsel for the opposite parties no. 1 to 3. 2. This writ petition has been filed with the following main prayers:-
"(I) issue a writ order or direction in the nature of mandamus to direct the Opp. Party No. 1 to 3 to extend the time period of petitioner's passport bearing no. C4825235 for the sufficient time so that he may performers his services in Merchant Navy Annexed as Annexure No.8 to this Writ petition. In the interest of justice. (II) Any other suitable order or direction, which this Hon'ble Court may think deemed to fit and proper under the circumstances of the case, may also be pass in favor of the petitioner."
3. In view of the orders proposed to be passed issuance of notice to the respondents no.4 and 5 is dispensed with. 4. It is the case of the petitioner that the petitioner working in Merchant Navy as a Fitter since 2006 and residing in Montreal Canada. His passport was not being renewed, and therefore, he has filed a Writ-C No. 6496 of 2024, 'Kalekter Tiwari Vs. Union of India and Others', which was disposed of with a direction to the petitioner to approach the Trial Court Versus Counsel for Petitioner(s) : Dev Mani Mishra Counsel for Respondent(s) : A.S.G.I. Kalekter Tiwari @ Sanjay Tiwari .....Petitioner(s) Union. Of. India. Thru. Secy. Ministry Of External Affairs New Delhi Govt. Of India And 3 Others .....Respondent(s)
where Criminal Case was pending against him. The petitioner approached the Trial Court which passed an order for renewing of passport imposing an exorbitant condition for depositing a personal bond of Rupees Three Lakhs in the form of F.D.R. and two sureties of Rupees Two Lakhs each. The petitioner challenged such order passed by the Trial Court on 14.11.2024 in an application under Section 482 of the Cr.P.C. bearing no.
A-482- 11076 of 2024, which was partly allowed by this Court by observing that the conditions of depositing personal bond of Rupees Two Lakhs in the form of F.D.R. and three sureties of Rupees Two Lakhs each was modified, but the order dated 14.11.2024 for renewal of passport for one year continued. In pursuance of the same, the Regional Passport Officer has renewed the passport of the petitioner only for one year. 5. Having gone through the order passed by this Court in earlier writ petition and application under Section 482 of the Cr.P.C, we do not find any good ground to grant the prayer as made in this writ petition. This Court cannot issue a Mandamus to the respondents to act against the statutory provisions in law. 6. Accordingly, the writ petition stands dismissed. September 3, 2025 Darpan Sharma WRIC No. 8409 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench