SOHRAB v. U.O.I. THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 2 OTHERS
/8953/2025 · 2025-09-12
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164102 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164102 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8953 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner and Shri Varun Pandey,
learned counsel appearing on behalf of the respondent nos.1 and 2.
2. This petition has been filed by the petitioner with the following prayer :-
"i). Issue a writ, order or direction in the nature of mandamus commanding/ directing the Opposite parties to re-issue/ renew the passport to the petitioner considering his application form pending since 18.5.2025 before the opposite party no.2."
3. It has been submitted by the learned counsel for the petitioner that the petitioner' was issued passport No.M9635844 dated 13.5.2015 and the same was valid upto 12.5.2025. Thereafter the petitioner applied for re-issue/ renewal of his passport on
18.5.2025. Thereafter, the opposite party no.2 has issued a letter dated 26.6.2025 for clarification required regarding Case Crime No.239/2023 under Sections 332, 504, 506 I.P.C. at Police Station Kurwar, District Sultanpur.
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 of Passport can be withheld by the Regional Passport Officer, in case of criminal proceedings being pending against the applicant. Versus Counsel for Petitioner(s) : Rakesh Kumar Yadav Counsel for Respondent(s) : A.S.G.I. Sohrab .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of External Affairs New Delhi And 2 Others .....Respondent(s)
5. In the case of the petitioner, only one criminal case as aforesaid, is pending and in paragraph 7 of the writ petition.
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, the petitioner may approach the Regional Passport Officer, who may pass an appropriate order, in accordance with law, thereafter. September 12, 2025 Shukla.
WRIC No. 8953 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench