WASEEM AHMAD KHAN v. U.O.I. THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 2 OTHERS
WRIC/9059/2025 · 2025-09-15
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164761 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164761 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9059 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 prayers:
"1. Issue writ, order a direction in the nature of Mandamus there by commanding the opposite parties specifically the O.P.No.2 to take appropriate action on the application made before him for issuance/renewal of passport. 2. Issue writ, order a direction commanding the learned Additional Chef Judicial magistrate Court No.21 Sultanpur to decide the application made by petitioner."
3. It has been submitted by learned counsel for the petitioner that the petitioner has made an application on 07.07.2025 to the Regional Passport Officer concerned requesting him to renew/reissue his 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 prayers. Versus Counsel for Petitioner(s) : Gyanendra Mishra Counsel for Respondent(s) :
A.S.G.I., C.S.C. Waseem Ahmad Khan .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of External Affairs New Delhi And 2 Others .....Respondent(s)
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 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 15, 2025 Anupam S/- WRIC No. 9059 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