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2025 DAILYLAW 166036 (ALL)

SAIF HASAN v. U.O.I. THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 3 OTHERS

/9260/2025 · 2025-09-23

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9260 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 S.B. Pandey, Deputy Solicitor General of India and Senior Advocate assisted by Shri Varun Pandey, for the respondent nos. 1 and 2 only as well as learned Standing Counsel for respondent nos.3 and 4. 2. This petition has been filed with the following main prayer :- "(i) issue a writ, order or direction in the nature of mandamus directing the opposite party Nos.2 and 3 to re-issue passport of the petitioner bearing No.N3556623 (Annexure 2) in favour of the petitioner as per law within a short period as this Hon'ble court may deem fit and proper." 3. It has been submitted by the learned counsel for the petitioner that the petitioner's Passport is going to expire on 07.10.2025 and therefore, he applied for renewal 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 two criminal cases are reported to be pending against him. 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 or Renewal of Passport can be withheld by the Regional Passport Officer, in case of criminal proceedings being pending against the applicant. In the case of the petitioner, two criminal cases are pending, details of which are given below:- "(1). Case Crime/F.I.R. No.397 of 2019 under Sections 147, 323, 427, 504, Versus Counsel for Petitioner(s) : Lokendra Kumar Gupta, Mirza Humayun Qadar, Ravendra Pratap Singh Counsel for Respondent(s) : A.S.G.I., C.S.C. Saif Hasan .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of External Affairs New Delhi And 3 Others .....Respondent(s) 506 IPC and Case Crime No.489 of 2019, under Sections 147, 294, 323, 354, 354D, 504 IPC., has been registered at Police Station Bazar Khala, District Lucknow." 5. It has been submitted by learned counsel for the petitioner that Investigating Officer has filed the charge-sheet against the petitioner under the aforesaid Sections. 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 Court where the criminal cases are pending and seek permission by way of an appropriate application. Only after such permission is granted by the learned Court concerned, the petitioner may approach the Regional Passport Officer, who may pass an appropriate order, in accordance with law, thereafter. September 23, 2025 Pks WRIC No. 9260 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench