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2025 DAILYLAW 163756 (ALL)

MOHD.SAKLEN v. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS NEW DELHI THRU. CHIEF SECY. AND 3 OTHERS

WRIC/8902/2025 · 2025-09-10

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8902 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, Shri S.B. Pandey, learned Senior Counsel as well as Deputy Solicitor General of India assisted by Shri Varun Pandey, learned counsel for the Union of India as well as learned Standing Counsel for the State and perused the record. 2. This writ petition has been filed by petitioner with following main prayer: "(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the Regional Passport Officer Passport Bhawan, Vipin Khand, Gomti Nagar, Lucknow/Opposite No. 3 to decide the application No. LK3065574978025 on date 25.06.2025 filed by the Petitioner" 3. It has been submitted by learned counsel for the petitioner that the petitioner has made an application on 25.06.2025 to the Regional Passport Officer concerned requesting him to issue passport by placing reliance on the Notification No.GSR 570(E) dated 25.08.1993, which mentions that during pendency of a criminal case passport can be issued, however, respondents have not taken any decision on his application, hence this writ petition has been filed with the aforesaid prayer. 4. Learned counsel for the parties have agreed that the issue raised in this writ petition has been decided by this Court in Writ-C No.2309 of 2025; Mohd. Aanis versus U.O.I and 3 others, Neutral Citation Versus Counsel for Petitioner(s) : Ranjeet Pal, Kaushal Tiwari Counsel for Respondent(s) : A.S.G.I., C.S.C. Mohd.Saklen .....Petitioner(s) Union Of India Ministry Of External Affairs New Delhi Thru. Chief Secy. And 3 Others .....Respondent(s) No.2025:AHC-LKO:14032-DB. 5. We find that a criminal case is pending against the petitioner before an appropriate court and, therefore, this writ petition is disposed of with direction to the petitioner to approach the trial court concerned by moving an appropriate application. The trial court concerned will pass an appropriate order strictly in accordance with law for granting permission to the petitioner to go abroad on conditions which it deems appropriate. Only thereafter his case for issuance of passport can be considered by the Regional Passport Officer concerned. September 10, 2025 Anupam S/- WRIC No. 8902 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench