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2025 DAILYLAW 174185 (ALL)

RAJEEV SETH v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 3 OTHERS

WRIC/10788/2025 · 2025-11-15

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10788 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and Shri S.B. Pandey, learned Senior Advocate and Deputy Solicitor General of India assisted by Shri Varun Pandey, learned counsel on behalf of respondent Nos.1, 2 and learned Standing Counsel, who appears on behalf of State-respondent Nos.3, 4. 2. This petition has been filed with the following prayers :- "I. Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to issue the passport to the petitioner forthwith in accordance with law. II. Issue any other writ which this Hon'ble Court deems fit and proper in the circumstances of the case may also be passed in favour of the petitioner. III. And award the costs of the petition to the petitioner." 3. It is the case of the petitioner that the petitioner was previously prosecuted in Case No.10103/2021 arising out of Case Crime No.167/2019 under Sections 507 I.P.C. and Section 67 of the Information Technology Act, 2000. The Court of Special Chief Judicial Magistrate, Customs, Lucknow, by an order dated 12.01.2022 convicted the petitioner under the aforesaid sections upon voluntary admission of guilty and imposed a fine of Rs.40,000/-. The entire fine has been paid by the petitioner and the order passed by the Special Chief Judicial Magistrate, Customs, Lucknow has been fully complied with. However, the police have submitted an adverse Versus Counsel for Petitioner(s) : Sachin Kumar Yadav Counsel for Respondent(s) : A.S.G.I., C.S.C. Rajeev Seth .....Petitioner(s) Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 3 Others .....Respondent(s) report on his application for the grant of a passport. The petitioner intends to travel abroad and therefore this writ petition with the aforesaid prayer has been filed. 4. Learned counsel appearing for the Union of India has produced before this Court a copy of the police verification report, which was submitted by the concerned police station to the Senior Superintendent of Police, wherein reference has been made to the same case, Case Crime No.167/2009, under Section 507 I.P.C. and Section 67 of Information Technology Act, 2000 at Mahila Thana. 5. Since the petitioner has already been convicted and has paid the fine as per the judgment and order dated 12.01.2022 of the Chief Judicial Magistrate, the Regional Passport Officer, Passport Office, Lucknow (respondent No.2) is directed to take an appropriate decision, exercising his discretion, with regard to the issuance of the passport to the petitioner. It is the petitioner's contention that no criminal case is pending against him as of now. 6. Let a decision be taken by the respondent No.2 within a period of six weeks by a reasoned and speaking order. 7. The writ petition is disposed of accordingly. November 15, 2025 Shubhankar WRIC No. 10788 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench