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2025 DAILYLAW 161470 (ALL)

SUBEDAR v. UNION OF INDIA THRU. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND ANOTHER

WRIC/8610/2025 · 2025-09-08

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8610 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. (1) Heard the learned counsel for the petitioner and Sri Varun Pandey, who appears on behalf of the Respondent nos.1 & 2. (2) This petition has been filed by the petitioner for the following main prayer:- "1) Issue a writ of Mandamus or any other appropriate writ, order, or direction, directing the directing Respondent No.2 (Regional Passport Officer, Lucknow) to issue a passport to the Petitioner forthwith, in accordance with law, without being prejudiced by the pendency of a single criminal case." (3) It has been submitted by the learned counsel for the petitioner that the petitioner applied for issuance of the Passport. The petitioner received notice from the Regional Passport Office seeking explanation regarding pendency of Case Crime No.1056 of 2016 under Section 2/3 of Lok Sampatti Chhati Niwaran Adhniyam, Police Station Mohan Ganj, District Amethi. The petitioner submitted a detailed reply to the said notice dated 17.06.2025, but nothing has been done in the matter. Hence this petition has been filed. (4) Learned Counsel appearing on behalf of the Respondent nos.1 & 2 has pointed out that under Sub-Section (2) Clause-F of Section-6 of the Passport Act, the issuance or renewal of Passport can be withheld by the Regional Versus Counsel for Petitioner(s) : Bharat Kumar Dixit Counsel for Respondent(s) : A.S.G.I. Subedar .....Petitioner(s) Union Of India Thru. Ministry Of External Affairs New Delhi And Another .....Respondent(s) Passport Officer, in case of criminal proceedings being pending against the applicant. (5) In the case of the petitioner, one criminal case is pending, the details of which are given below:- "(i) Case Crime No.1056 of 2016, under Section 2/3 of Lok Sampatti Chhati Niwaran Adhniyam, Police Station Mohan Ganj , District Amethi." (6) It has been submitted by learned Counsel for the petitioner that charge sheet has already been filed in the Court concerned. (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. September 8, 2025 Rahul WRIC No. 8610 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench