BADASHAH KHAN @ SHABBU SHAH v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 2 OTHERS
/11169/2024 · 2025-01-09
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170235 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170235 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1522-DB Court No. - 2 Case :- WRIT - C No. - 11169 of 2024 Petitioner :- Badashah Khan @ Shabbu Shah Respondent :- State Of U.P. Thru. Prin. Secy. Home And 2 Others Counsel for Petitioner :- Priyam Mishra,Piyush Kumar Giri Counsel for Respondent :- C.S.C.,A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.
1. Heard counsel for the petitioner and Shri S.B. Pandey, Senior Advocate and Deputy Solicitor General of India assisted by Shri Varun Pandey for opposite party nos. 2 to 4.
2. The petitioner's application for renewal/re-issuance of pass port is said to be pending since 01.10.2024. However, counsel for opposite party nos.2 to 4 submits that there is a criminal trial pending against the petitioner. Therefore, he has to seek permission from the court where the proceedings are pending.
3. If the petitioner is residing abroad then he can seek permission from the court where the criminal proceedings are pending in view of the decision dated 03.12.2022 in Writ C No.8621 of 2022; Shiv Shankar vs. Union of India and others and the earlier decision on the subject in the case of Salim Khan vs. Union of India and Ors; Writ Petition No.31723 (M/B) of 2018 dated 20.11.2018 and judgment dated 21.06.2022 rendered in Writ C No.3617 of 2022 ; Smt. Rashmi Kapoor vs. Union of India and others or he may apply for an emergency certificate as provided under Section 4 (2) of the Pass Port Act, 1967 and the Pass Port Manual for entering into India and seeking such permission as the case may be. If such a permission/NOC is granted by the Court concerned, the same shall be submitted before the Regional Pass Port Officer who shall consider the application of the petitioner accordingly, as per law but with expedition say, within one month of submission of such NOC/permission.
4. The writ petition is disposed of. Order Date :- 9.1.2025 Pks [Brij Raj Singh,J.] [Rajan Roy, J.] Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench