SANJAY KUMAR v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 2 OTHERS
WRIC/8923/2025 · 2025-09-17
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162896 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162896 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8923 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J. (1) Heard the learned counsel for the parties and perused the record. (2) This petition has been filed by the petitioner for the following main prayer:- (i) issue a writ, order or direction in the nature of Mandamus commanding the respondents to reconsider and decide the application of the petitioner bearing File No LKO 3060179165824 dated 16.8.2024 for issuance of passport forthwith without being influenced by the pendency of aforesaid criminal case. (ii) issue a writ, order or direction in the nature of Mandamus, thereby directing the opposite party no.2 to take a decision on the application of petitioner moved for issuance of a passport in favour of petitioner."
(3) It has been submitted by the learned counsel for the petitioner that the petitioner has preferred an application being application file no.LKO30601779165824 before the opposite party no.2, Regional Passport Officer, Region Lucknow for issuance of passport on 16.8.2024. The opposite party no.2 fixed appointment for verification and required formalities on 27.9.2024. The petitioner appeared before the concerned officer on the date fixed and completed all the formalities. In October 2024 when the petitioner enquired on the online portal of passport office the petitioner found that his application has been closed monitoring the reason "police verification report is not clear and application is under review at Regional Passport Officer." (4) Learned Counsel appearing on behalf of the Respondent nos.1, 2 and 3 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 Passport Officer, in case of criminal proceedings being pending against the applicant. (5) In the case of the petitioner following criminal case is pending the details of which Versus Counsel for Petitioner(s) : Ghanshyam Verma, Deepali Verma Counsel for Respondent(s) :
A.S.G.I., C.S.C. Sanjay Kumar .....Petitioner(s) Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 2 Others .....Respondent(s)
is given below:-
(i) Case Crime No.0119/2017, under section 323, 504 IPC, police station – Haider Ganj, District Ayodhya. Chargesheet has been filed against the petitioner in the aforesaid case and the trial is going in the Court of learned ACJM – I Ayodhya.
(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 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 17, 2025 mks WRIC No. 8923 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench