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2025 DAILYLAW 187388 (ALL)

BASHEER AHMAD v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AAFFAIRS NEW DELHI AND 2 OTHERS

WRIC/11074/2025 · 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. - 11074 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 No.3. 2. This petition has been filed with the following prayers :- (i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties specially opposite party No. 2 i.e. Regional Passport Officer, Government of India, Lucknow to issue the passport of petitioner on the online application file bearing No. LKJ0650626632325, dated 22.05.2025, in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing to the opposite parties to take final decision on the online application bearing file No. LKJ0650626632325, dated 22.05.2025 of the petitioner within time, in the interest of justice. 3. It is the case of the petitioner that the petitioner was previously prosecuted in Case Crime No.815/2003 under Sections 160 I.P.C.. The Court of Chief Judicial Magistrate, Bahraich, by an order dated 18.11.2012 convicted the petitioner under the aforesaid section and imposed a fine of Rs.50/-. The entire fine has been paid by the petitioner and the order passed by the Chief Judicial Magistrate, Bahraich has been fully complied with. However, the police have submitted an adverse report on his application for the grant of a Versus Counsel for Petitioner(s) : Ajey Singh Counsel for Respondent(s) : A.S.G.I., C.S.C. Basheer Ahmad .....Petitioner(s) Union Of India Thru. Secy. Ministry Of External Aaffairs New Delhi And 2 Others .....Respondent(s) 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 Superintendent of Police, wherein reference has been made to the same case, Case Crime No.815/2003, under Section 160 I.P.C., Police Station Kotwali City, District Bahraich. 5. Since the petitioner has already been convicted and has paid the fine as per the judgment and order dated 18.11.2012 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 Ashish Dewal WRIC No. 11074 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench