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2025 DAILYLAW 184382 (ALL)

MOHAMMAD IBRAN v. UNION OF INDIA THRU. MINISTRY EXTERNAL AFFAIRS NEW DELHI AND ANOTHER

/11382/2025 · 2025-11-24

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11382 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Heard learned Counsel for the petitioner and Sri Varun Pandey, learned Counsel appearing on behalf of the Union of India. This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party no.2 to consider and take appropriate decision on the clarification/ reply dated 10.10.2025 submitted by the petitioner with respect of passport re-issue file no.-LK3075521636225 which is contained as Annexure No.4". It has been submitted by learned counsel for the petitioner that the petitioner was initially issued a passport bearing No.S9649062 on 10.04.2019, which was valid up to 2029. The said passport was misplaced and, therefore, he applied for its re-issue/renewal, but his application has remained pending. The petitioner thereafter received a letter dated 25.08.2025 seeking further clarification from the office of respondent no.2, wherein, according to the Police Verification Report, Case Crime No. 125 of 2023 was reported to be pending against the petitioner. The petitioner submitted his reply to the said notice on 10.10.2025 through Registered Post, but nothing has been done in the matter. Hence, this petition has been filed. It has also been submitted by learned counsel for the petitioner that the petitioner has been granted bail in the aforesaid case on 17.09.2025, a copy of which has been filed as Annexure-3 to the petition. Versus Counsel for Petitioner(s) : Prabhat Kumar Upadhyay Counsel for Respondent(s) : A.S.G.I. Mohammad Ibran .....Petitioner(s) Union Of India Thru. Ministry External Affairs New Delhi And Another .....Respondent(s) Learned counsel appearing on behalf of respondent nos.1 and 2 has pointed out that under Section 6(2)(f) of the Passport Act, the issuance or renewal of a passport can be withheld by the Regional Passport Officer in case criminal proceedings are pending against the petitioner. In the case of the petitioner, one criminal case is pending, the details of which are as follows: (i) Case Crime No. 125 of 2023, under Sections 323, 504 and 506 of the I.P.C., Police Station Kumarganj, District Ayodhya. Learned counsel for the respondents has relied upon the Government of India Notification dated 25.08.1993 and the judgment of this Court in Saleem Khan v. Union of India and Another, decided on 20.11.2018 in Writ Petition No. 31723 (M/B) of 2018. 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, for re-issue/renewal of his passport. Only after such permission is granted by the learned Trial Court, he may approach the Regional Passport Officer, who shall thereafter pass an appropriate order in accordance with law. November 24, 2025 Mahesh WRIC No. 11382 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench