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2025 DAILYLAW 162560 (ALL)

CHETAN CHAUHAN v. UNION OF INDIA THRU. PRIN. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 3 OTHERS

WRIC/8542/2025 · 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. - 8542 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioners, Sri Varun Pandey, learned counsel who appears for opposite parties no.1 and 2 and the learned Standing Counsel, who appears for State-opposite parties no.3 and 4. 2. This writ petition has been filed with the following main prayers:- “(1) A Writ, order or direction in the nature of mandamus commanding thereby directing the opposite party no.2 i.e. Passport Officer, Vipin Khand, Gomti Nagar, District Lucknow to issue/renew the passport of the petitioner, forthwith in the interest of justice. (II) A writ, order or direction in the nature of mandamus commanding thereby directing the opposite party no.2 to consider the application of the petitioner for issuance of passport applied by the petitioner on 29.12.2024 which is pending before him, forthwith in the interest of justice. (contained in Annexure No. 1 to this writ petition)” 3. Counsel for the petitioner says that petitioner has made an application for renewal of his passport on 29.12.2024, but the police verification report has stated that an F.I.R. No.247 of 2023, under Sections 147, 384, 504 and 506 IPC and Section 3(1)(da)(dha) SC/ST Act has been registered against the petitioner at Police Station Sushant Golf City, District Lucknow and because of such report, the opposite parties are not processing his application for renewal of passport. Hence, the present writ petition has been filed with the aforesaid prayers. 4. Sri Varun Pandey, counsel for opposite parties no.1 and 2 has pointed Versus Counsel for Petitioner(s) : Ashish Kumar Singh Counsel for Respondent(s) : A.S.G.I., C.S.C. Chetan Chauhan .....Petitioner(s) Union Of India Thru. Prin. Secy. Ministry Of External Affairs New Delhi And 3 Others .....Respondent(s) out that although a final report had been submitted on 11.06.2023 by the Investigating Officer, but it was not accepted by the Magistrate concerned and the matter has been directed to be investigated further. 5. It has been submitted that since the petitioner is an accused in a criminal case and the police verification report has come against him, the Regional Passport Officer, Lucknow has not processed his application. 6. Counsel for the petitioner says that till date charge sheet has not been filed against the petitioner and it cannot be said that criminal trial is pending against him and, therefore, his case was not come within the purview of Section 6(2)(f) of the Passports Act, 1967. 7. This writ petition is disposed of with a direction to the petitioner to move an appropriate representation to the Regional Passport Officer, Lucknow within a period of ten days from today. If such an application is filed within the aforesaid period, the Regional Passport Officer, Lucknow shall pass a reasoned and speaking order on such representation within a further period of two weeks thereafter. September 4, 2025 Rao/- WRIC No. 8542 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench