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2025 DAILYLAW 177642 (ALL)

MOHAMMAD MUZAMMIL v. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI THRU. SECY. AND OTHERS

WRIC/11221/2025 · 2025-12-05

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11221 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.2, 3 & 5 and Shri Varun Pandey, who appears on behalf of the Opposite party nos.1, 4 and 6. 2. This petition has been filed by the petitioner for the following prayers:- "I. writ, order or direction in the nature of mandamus, commanding the passport authorities i.e. opposite party no. 4 and 6, to decide the application for issuance of new passport of the petitioner vide application no. LK3065766782125 applied by petitioner on 09.09.2025 pending before him within specific time frame as court may deem fit just and II. writ, order or direction in the nature of mandamus, commanding the opposite party nos. 4, to take suitable decision on the representation of petitioner dated 27.10.2025, contained as annexure no.6 to this writ petition. III. any other or direction which this Hon'ble court may deem, fit, just and proper may also kindly be passed in favour of the petitioner." (3) It has been submitted by the learned counsel for the petitioner that Versus Counsel for Petitioner(s) : Pankaj Kumar Singh Counsel for Respondent(s) : A.S.G.I., C.S.C. Mohammad Muzammil .....Petitioner(s) Union Of India, Ministry Of External Affairs, New Delhi Thru. Secy. And Others .....Respondent(s) the petitioner had applied for issuance of new Passport but his application has remained pending. He has been orally informed that a new Passport cannot be considered because of negative report submitted by the police in which one criminal case is 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 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.131A of 2015, under Sections 147, 323, 504, 506 IPC at Police Station Motiganj, District Gonda, in which the petitioner has already been granted bail in the said 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. December 5, 2025 N.PAL WRIC No. 11221 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench