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2025 DAILYLAW 163265 (ALL)

MOHD SHAKIL v. UNION OF INDIA THRU. SECY. MINISTRY OF FOREIGN AND EXTERNAL AFFAIRS,NEW DELHI AND 2 OTHERS

WRIC/8788/2025 · 2025-09-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8788 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 opposite parties nos. 1 and 2 only as well as learned Standing Counsel for opposite party no.3. 2. This petition has been filed with the following main prayer:- "(i) issue a writ, order or direction in the nature of Mandamus commanding the Respondent No.2 to reissue/renewal of passport No.N8749627 in favour of the petitioner in pursuance of File No.LK3075349486325 dated 09.07.2025 within a short and stipulated period of time as fixed by this Hon’ble Court, contained as Annexure No.3 to this writ petition." 3. It has been submitted by the learned counsel for the petitioner that 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 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 opposite parties nos.1 and 2 has pointed out that under Sub-section (2) Clause-F of Section-6 of the Passport Act, 1967 the issuance or renewal of Passport can be withheld by the Regional Passport Officer, in case of criminal proceedings being pending against the applicant. In the case of the petitioner a criminal case Versus Counsel for Petitioner(s) : Ashish Kumar Shukla Counsel for Respondent(s) : A.S.G.I., C.S.C. Mohd Shakil .....Petitioner(s) Union Of India Thru. Secy. Ministry Of Foreign And External Affairs,New Delhi And 2 Others .....Respondent(s) is pending, details of which are given below:- "(1). Case Crime No.0001 of 2017 has been registered on 04.01.2017 at Police Station Madanpur, District Deoria, under Sections 147, 148, 149, 307, 435, 436, 395, 397, 323, 504, 506, 332, 353, 427, 186, 336, 34, 452 and 120-B I.P.C., Section 3/4 of Protection of Public Property Act, 1984 and Section 7 Criminal Law Amendment 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 opposite parties has pointed out the Notification dated 25.08.1993 issued by the Government of India and a judgment of this Court rendered in Writ Petition No.31723 (M/B) of 2018, Saleem Khan Vs. Union of India and another, decided on 20.11.2018. 7. This writ petition is disposed of finally 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 trial court, the petitioner may approach the Regional Passport Officer, who may pass an appropriate order, in accordance with law, thereafter. September 9, 2025 Rao/- WRIC No. 8788 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