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2025 DAILYLAW 175568 (ALL)

MOHD. ISRAR v. UNION OF INDIA THRU. SECY. MINISRTY OF EXTERNAL AFFAIRS NEW DELHI AND 2 OTHERS

/11033/2025 · 2025-11-27

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11033 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard Smt. Neeta Singh Chandel, learned counsel for the petitioner, Shri Varun Pandey, learned counsel appearing for respondent nos.1 & 2 and learned Standing Counsel appearing for the State. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief:- "i. Issue a writ, order or direction in the nature of mandamus commanding and directing the opp. party no.2 to consider and dispose of Passport File No.LK3065591258125 dated- 12.08.2025 and Letter Ref. No.SCN/329814832/2025 as contained in Annexure no.1 to this writ petition by either issuing the Passport to the petitioner or by passing a speaking and reasoned order in the light of the guidelines dated 10.10.2019 issued by the opposite party no.1 as contained in Annexure no.6 to the writ petition within the time bound period as may be fixed by this Hon'ble Court." 3. Upon perusal of the writ petition, we find that a criminal case has been registered against the petitioner bearing Case Crime No.127 of 2020, under Sections 147/323/504/324/506/454 of I.P.C. 4. Upon further information received from the court of learned Versus Counsel for Petitioner(s) : Neeta Singh Chandel, Pravin Kumar Sahu Counsel for Respondent(s) : A.S.G.I., C.S.C. Mohd. Israr .....Petitioner(s) Union Of India Thru. Secy. Minisrty Of External Affairs New Delhi And 2 Others .....Respondent(s) Additional Chief Judicial Magistrate (A.P.), Lucknow, it is revealed that no charge-sheet has been filed in the aforesaid case crime number till date. In light of the above situation, we are of the view that restricting the passport to be issued in favour of the petitioner for the alleged Case Crime No.127 of 2020 is unreasonable. 5. In light of the same, we direct the respondent authority to issue the passport in favour of the petitioner within a period of eight weeks subject to fulfillment of all other conditions, if there is no other legal impediment. 6. With the above direction, writ petition is disposed of. November 27, 2025 akhilesh/- WRIC No. 11033 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench