SAMEER HAIDER v. U.O.I. THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND ANOTHER
WRIC/9075/2025 · 2025-09-16
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164623 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164623 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9075 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 Varun Pandey, who appears on behalf of the Respondent nos.1 and 2. (2) This petition has been filed by the petitioner for the following prayer:-
"i. Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned Show Cause Notice dated 29.08.2025 issued by Regional Passport Officer, Lucknow/Opposite Party No.2, contained in Annexure No.2 to this writ petition, in the interest of justice. ii. Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to issue the Passport in favour of the petitioner for which the application is already pending, in the interest of justice. iii. Issue any other writ, order or direction which this Hon'ble Court may found deem fit, just and proper in these circumstances of the case may also be pleased in favour of petitioner, in the interest of justice." (3) It has been submitted by the learned counsel for the petitioner that the petitioner had applied for issuance of Passport but his application has remained pending. He has been orally informed that the renewal of Passport cannot be considered because of negative report submitted by the police in which one criminal case is reported to be pending against him. Versus Counsel for Petitioner(s) : S Malik E Ashtar Rizvi, Kumar Lakshay, Mohd Zameer Abbas Counsel for Respondent(s) : A.S.G.I. Sameer Haider .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of External Affairs New Delhi And Another .....Respondent(s)
(4) Learned Counsel appearing on behalf of the Respondent nos.1 and 2 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. (5) In the case of the petitioner one criminal case is pending the details of which are given below:- (i) Case Crime No.85 of 2023, under Sections 406, 420, 452, 323, 504, 506 IPC at Police Station Saadatganj, District Lucknow in which the petitioner has already been granted bail in the said case.
(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 16, 2025 N.PAL WRIC No. 9075 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench