SHIKHAR AGNIHOTRI v. UNION OF INDIA THRU. PRIN. SECY. EXTERNAL AFFAIRS MINISTRY OF EXTERNAL AFFAIRS AND ANOTHER
WRIC/7103/2025 · 2025-11-17
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198902 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198902 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7103 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel for the petitioner and Shri Varun Pandey, learned counsel for the respondents. 2. The captioned writ petition has been filed by the petitioner, inter alia, praying therein for the following relief:-
"(a) Issue a writ, order or command in the nature of Mandamus thereby directing opposite parties to re-issue/renew the passport of the petitioner having regular validity for a period of 10 (Ten) years from the date of its re-issue/renew as prescribed under Passport Rules 1980."
3. It has been contended on behalf of the petitioner that the respondents have renewed his passport only for a period of one year. It has further been contended that on earlier occasions also, the petitioner's passport had been renewed. 4. Learned counsel appearing for the petitioner has submitted that there is some matrimonial matter in between the elder brother of the petitioner and his wife and for that reason there is a criminal case pending against the petitioner. The competent court though has granted permission for renewal of the passport but it has not provided any term therein. 5. It has further been submitted that taking advantage of the order passed by the competent criminal court, wherein term has not been provided, the Versus Counsel for Petitioner(s) : Saurabh Misra, Jai Prakash Awasthi Counsel for Respondent(s) : A.S.G.I. Shikhar Agnihotri .....Petitioner(s) Union Of India Thru. Prin. Secy. External Affairs Ministry Of External Affairs And Another .....Respondent(s)
passport authorities have renewed the passport of the petitioner only for a period of one year. 6. Shri Varun Pandey, learned counsel for the respondents has argued that there is a circular which provides that unless term is specified by the competent criminal court, the passport authorities can renew the passport only for a limited period of one year. 7. We have considered the arguments advanced by the learned counsels appearing for the parties and we find that a criminal case related to matrimonial issue is pending before the competent court and the court while granting permission has not specified term for renewal of the passport of the petitioner. 8.
Having considered the overall facts and circumstances of the case and nature of the crime, we hereby give liberty to the petitioner to file an application before the competent court dealing with the criminal case, within three weeks from today, praying therein for permission for renewal of his passport for specific term and on such application, the competent court shall pass reasoned order within next three weeks. 9. It is also provided that once the competent court grants permission, the competent passport authority shall renew passport of the petitioner for term specified by the trial court. 10. With the aforesaid directions, the writ petition stands finally disposed of. November 17, 2025 Ashutosh WRIC No. 7103 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench