VIVEK KUMAR SRIVASTAV v. UNION OF INDIA AND ANOTHER
WRIC/36332/2025 · 2025-10-16
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 191293 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 191293 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36332 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Sri Dharmendra Singh, learned panel counsel has put in appearance on behalf of respondent nos. 1 and 2 by filing a 'vakalatnama', which is taken on record.
2. Heard learned counsel for the petitioner as well as Sri Dharmendra Singh, learned panel counsel appearing for respondent nos. 1 and 2.
3. By means of this petition filed under Article 226 of the Constitution, the petitioner seeks a direction in the nature of mandamus to consider his application for re-issuance of passport as he is still having requisite sanction from the concerned criminal law court qua criminal case going on before learned Magistrate.
4. It is contended that the police has submitted a final report under Section 173(2) of Cr.P.C., which is pending approval by the learned Magistrate since
2017.
5. In our considered view, in view of the office memorandum dated 10.10.2019 which has a binding effect in the light of the judgment of Hon'ble Supreme Court in case of Rita Verma vs. Union of India and Others [S.L.P. (C) No. 7481 of 2024] decided on 09.08.2024, unless and until the concerned criminal law court fixes a time period for the purpose of grant of passport, the Passport Office can re-issue the passport/renewal of passport only for a period of one year. Versus Counsel for Petitioner(s) : Anshul Sengar, Atul Kumar Shahi Counsel for Respondent(s) : A.S.G.I. Vivek Kumar Srivastav .....Petitioner(s) Union Of India And Another .....Respondent(s)
6. Since, petitioner had already obtained renewal and now he has moved an application for renewal for the second time upon expiry of period of one year, we dispose of this petition with a direction to Regional Passport Officer to pass appropriate orders upon the application of the petitioner for re-issuance of the passport in the light of the judgment of Hon'ble Supreme Court in case of Rita Verma (supra). Appropriate decision shall be taken by the authority concerned as expeditiously as possible preferably within a period of of four weeks from presentation of certified copy of this order. October 17, 2025 #Vikram/- WRIC No. 36332 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad