HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8591 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 Shri S.B. Pandey, Deputy Solicitor General of India and Senior Advocate assisted by Shri Varun Pandey, for the respondent nos. 1 and 2 only as well as learned Standing Counsel for respondent nos.3 and 4. 2. This petition has been filed with the following main prayer :- "(i) issue a writ, order or direction in the nature of mandamus by which directing the opposite party No.2 to take decision upon petitioner's file No.25-2003010948 dated 12/06/2025 for renewal of passport under section 5 of Passport Act 1967 which is shown status application is under review at Indian Embassy/Consulate since 12/06/2025 to till date, contained as Annexure No. 1 to this writ petition." 3. It has been submitted by the learned counsel for the petitioner that the petitioner's Passport was going to expire and therefore, he applied for renewal thereof but his application has remained pending. He has been orally informed that the renewal of Passport cannot be considered because of negative report submitted by the police in which a criminal case is reported to be pending against him. 4. Learned Counsel appearing on behalf of the Respondent nos.1 and 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) : Pradyumn Shukla, Qasim Abbas Zaidi Counsel for Respondent(s) : A.S.G.I. Mohammad Shaban Khan, Thru. Power Of Attorney Holder Mohammad Sufiyan Khan .....Petitioner(s) U.O.I. India Thru. Secy. Ministry Of External Affairs New Delhi And 3 Others .....Respondent(s) Passport Officer, in case of criminal proceedings being pending against the applicant. In the case of the petitioner a criminal case is pending, details of which are given below:- "(1). Case Crime/F.I.R. No.0023 of 2015 has been registered on 13.6.2015 at Police Station Mahila Thana, District Gonda, under Sections 498A, 323, 504 I.P.C. and Sections 3/4 of Dowry Prohibition Act." 5. It has been submitted by learned counsel for the petitioner that Investigating Officer has filed the charge-sheet against the petitioner under the aforesaid Sections. 6. 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. 7. 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, the petitioner may approach the Regional Passport Officer, who may pass an appropriate order, in accordance with law, thereafter. September 3, 2025 Sachin WRIC No. 8591 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench