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2025 DAILYLAW 163502 (ALL)

SHIV KUMAR v. UNION OF INDIA THRU. SECY. MINISTRY EXTERNAL AFFAIRS NEW DELHI AND 3 OTHERS

WRIC/9154/2025 · 2025-09-19

Manjive Shukla, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9154 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Amit Chaudhary, learned counsel for the petitioner and Shri S. B. Pandey, learned Deputy Solicitor General of India, assisted by Shri Varun Pandey, learned counsel for the Respondent Nos.1 and 2 as well as learned Standing Counsel appearing for the State-respondents. 2. The captioned writ petition has been filed by the petitioner, inter alia, praying therein the following reliefs:- (i.) Issue, a writ, order or direction in the nature of Mandamus, commanding the Respondents to process and issue a passport to the Petitioner, without treating him as disqualified solely due to his conviction , in light of the benefit granted to him under Section 4 of the Probation of Offenders Act, 1958; (ii) Direct that no disqualification shall attach to the Petitioner for the purpose of government employment, submission of employment forms, or issuance of character certificate, in view of the express protection under section 12 of the Probation of Offenders Act, 1958; (iii) Declare that refusal or delay in processing of passport or character certificate on the ground of such conviction is arbitrary, illegal and violative of Articles 14 and 21 of the Versus Counsel for Petitioner(s) : Sakshi Singh, Amit Chaudhary, Raghvendra Mani Ojha Counsel for Respondent(s) : A.S.G.I., C.S.C. Shiv Kumar .....Petitioner(s) Union Of India Thru. Secy. Ministry External Affairs New Delhi And 3 Others .....Respondent(s) Constitution of India. 3. Shri Amit Chaudhary, learned counsel for the petitioner has submitted that a criminal case was registered against the petitioner under sections 308/34, 323/34, 504, 506(2) & 427 I.P.C. but later on the petitioner had been convicted in the said matter only under sections 323/34, 504 & 506(2) I.P.C. and has been granted the benefit of Probation of Offenders Act, 1958. 4. Learned counsel for the petitioner has further submitted that the petitioner had applied for grant of passport but treating the aforesaid criminal case as adverse material against the petitioner, the Passport Authorities, till date, have not issued passport in favour of the petitioner. 5. Shri S. B. Pandey, learned Deputy Solicitor General of India, appearing for the Respondent Nos.1 and 2 has very fairly submitted that discreet inquiry is being conducted and very soon final decision in respect of the passport shall be taken. He further submits that as soon as the State authorities provide result of the discreet inquiry, needful shall be done in the matter. 6. We have considered the submissions advanced by the learned counsel for the parties and we find that the respondents themselves are in process of finalizing the matter for grant of passport in favour of the petitioner. Accordingly, this writ petition is finally disposed of with a direction to the Respondent Nos.3 and 4 to submit the result of the discreet inquiry within a period of two weeks from today and thereafter the Respondent No.2 shall take a final decision in the matter within next two weeks. September 19, 2025 akhilesh/- WRIC No. 9154 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench