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2025 DAILYLAW 165067 (ALL)

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

WRIC/9101/2025 · 2025-09-16

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9101 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 party no.2 to renew passport bearing no.N2626600 in favour of the petitioner which was expired on 30.8.2025." 3. It has been submitted by the learned counsel for the petitioner that the petitioner' was issued passport No.N26266600 dated 31.8.2015 and the same was valid upto 30.8.2025. Thereafter the petitioner applied for re-issue/ renewal of his passport on 26.5.2025. Thereafter, a Criminal Case bearing Case Crime/F.I.R. No.384 /2021 against the petitioner and three other under Sections 323/504/506 I.P.C., Police Station Gosainganj, District Lucknow. In the said case, on 9.9.2021, chargesheet has been submitted against the petitioner and the trial is still pending against he petitioner before the competent court. 4. Learned Counsel appearing on behalf of the Respondent Versus Counsel for Petitioner(s) : Jagendra Counsel for Respondent(s) : A.S.G.I., C.S.C. Sachin Kumar .....Petitioner(s) Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 3 Others .....Respondent(s) 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. 5. In the case of the petitioner, only one criminal case as aforesaid, is pending a mention of which has been made 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 16, 2025 Shukla WRIC No. 9101 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