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2025 DAILYLAW 166457 (ALL)

MOHD JALIL v. U.O.I. THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND ANOTHER

/9401/2025 · 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. - 9401 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 Respondents. (2) This petition has been filed by the petitioner for the following main prayer:- "i. Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order/show cause notice dated 24.12.2022 passed by the opposite party no.2/Regional Passport Office, Lucknow contained in Annexure No.1 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." (3) It has been submitted by the learned counsel for the petitioner that the petitioner's applied for issuance of Passport but his application has remained pending. He has been informed that the issuance of Passport cannot be considered because of negative report submitted by the police in which one case is reported to be pending against him. (4) Learned Counsel appearing on behalf of the Respondents nos.1 and 2 Versus Counsel for Petitioner(s) : S Malik E Ashtar Rizvi, Kumar Lakshay, Mohd Zameer Abbas Counsel for Respondent(s) : A.S.G.I. Mohd Jalil .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of External Affairs New Delhi And Another .....Respondent(s) 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.187 of 2017, under Sections 323 and 504 of the I.P.C. at Police Station Kothi, District Barabanki. The petitioner has already been granted bail in the aforesaid 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 23, 2025 Darpan Sharma WRIC No. 9401 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench