Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36284 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Sri Krishna Gopal, learned counsel for the petitioner and Sri Kuldeep Singh Chauhan, learned panel counsel for the respondents.
2. By means of this petition filed under Article 226 of the Constitution petitioner has assailed the order dated 20.8.2025 passed by the Regional Passport Officer, Bareilly-respondent no. 2 whereby petitioner has been
directed to deposit the passport within ten days failing which the proceedings for impounding the passport shall be undertaken.
3. It is contended on behalf of the petitioner that the aforesaid order has come to be passed only on account of pending criminal case against the petitioner, however he submits that in the said criminal case proceedings have come to be stayed by this Court in a petition filed under Section 482 of the erstwhile Code of Criminal Procedure. The order passed by this Court has been brought on record as Annexure-8 to the writ petition.
4. Per contra it is submitted by Sri Kuldeep Singh Chauhan, learned panel counsel appearing for respondents no. 1 and 2 that, whether the case is pending before the trial court or before this Court, it is necessary for the petitioner to obtain sanction/no objection from the concerned Court so that the respondent no. 2 may consider the release of the passport for a period if any assigned in the sanction order or do the needful in the matter of limiting the passport on year-to-year basis as per the relevant rules and regulations and notifications, if any. Versus Counsel for Petitioner(s) : Krishna Gopal Counsel for Respondent(s) : A.S.G.I., Kuldeep Singh Chauhan Junaid Iqrar .....Petitioner(s) Union Of India And Another .....Respondent(s)
5. Learned counsel for the petitioner does not dispute that only stay order has been passed by this Court, however he submits that no sanction can be obtained by the trial court.
6. In the given facts and circumstances, while we refuse to interfere with the order passed by the Regional Passport Officer dated 20.8.2025, but we still provide that if the petitioner submits the passport as desired under the
order dated 20.8.2025 and obtains sanction from this Court in the pending Application U/S 482 Cr.P.C. No. 270 of 2016 to travel abroad, he would be submitting the same along with the application before the respondent no. 2, who shall then proceed to pass appropriate order for release of the passport in accordance with law.
7. With the aforesaid observations and directions, this petition stands
disposed of. October 17, 2025 Kirti WRIC No. 36284 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad