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2025 DAILYLAW 161929 (ALL)

MOHAMMAD WAKIL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND 2 OTHERS

WRIC/8550/2025 · 2025-09-04

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8550 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 2. (2) This petition has been filed by the petitioner for the following main prayers:- "i- Issue a writ order or direction in the nature of Mandamus directing to the Respondent authorities i.e. respondent no.No. 2 & 3 to complete the police verification process for the renewal of the Petitioner's passport (Application No.: SB2075438061325) within the time as prescribed by this Hon'ble Court. ii. Issue a writ order of direction in the nature of Mandamus directing the Learned Trial Court to hear and decide the Petitioner's application dated 11.07.2025 expeditiously as possible within stipulated period pending before the court of Chief Judicial Magistrate, Pratapgarh" (3) It has been submitted by the learned counsel for the petitioner that he has executed a power of attorney in favour of one Mohd. Naseem, who is the real brother and he has filed an affidavit in support of this writ petition as the petitioner's passport has expired and he has submitted an application for renewal of the same, which has not been decided till date, Versus Counsel for Petitioner(s) : Rakesh Kumar Modanwal Counsel for Respondent(s) : C.S.C., A.S.G.I. Mohammad Wakil .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And 2 Others .....Respondent(s) hence, this writ petition has been filed. (4) Sri Varun Pandey, learned counsel for the respondent no.3 has informed this Court that there is no provision for renewal of passport, there is only a provision of re-issuance of fresh passport and the petitioner is an accused in a Criminal Case, bearing Case Crime No. 28/2007 under Sections 147, 323, 504, 353, 332 IPC and Section 7 of the Criminal Law Amendment Act, Police Station- Raniganj, District- Pratapgarh and charge sheet has also been filed in the same. (5) Learned counsel for the respondents has also 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. (6) This writ petition is finally disposed of with a direction to the petitioner to approach the Trial Court where the criminal case is 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 4, 2025 Darpan Sharma WRIC No. 8550 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench