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2025 DAILYLAW 20292 (HP)

RAMAN DEEP v. THE STATE OF HP AND OTHERS

CWP/14000/2025 · 2025-09-10

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:31080 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 14000 of 2025 Decided on : 10.09.2025 Raman Deep …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Anil Kumar, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondent No.1. Mr. Balram Sharma, DSGI, for respondents No.2 & 3. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General and Mr. Balram Sharma, learned Deputy Solicitor General of India, accept notice on behalf of respondents No.1 and 2, 3, respectively. 2. With the consent of the parties, this petition is being disposed of at this stage. 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:31080 3. By way of this writ petition, the petitioner has prayed for issuance of a direction to the respondents, to process the case of the petitioner for issuance of passport, which as per the petitioner, is not been processed on the pretext that there is a criminal case pending against him 4. I have heard learned counsel for the petitioner as well as learned Additional Advocate General and learned Deputy Solicitor General of India. 5. Learned counsel for the petitioner has referred to an office memorandum issued by the Ministry of External Affairs, PSP Division, Government of India, dated 10.10.2019. He submitted that in terms of this communication, the passport can be issued by the Authority in case the conditions stipulated therein are fulfilled. He submitted that interest of justice would be served, in case, this petition is disposed of with the direction that let some decision be taken on the application filed by the petitioner for issuance of passport, by taking into consideration office memorandum dated 10.10.2019. 6. In the light of the prayer so made by learned counsel for the petitioner, this petition is disposed of with the 3 2025:HHC:31080 direction that let the case of the petitioner for issuance of passport, be considered by the Authority, in terms of the provisions of the Passport Act, 1967 as well as office memorandum dated 10.10.2019 and appropriate decision be taken thereupon, within a period of six weeks from today. While considering the case of the petitioner for the issuance of passport, the Authority should keep in mind that issuance of a passport ipso facto does not means that a person also gets a license to travel abroad and if there is any criminal case pending against the petitioner, then obviously, even after the issuance of passport, his travelling abroad on the strength of said passport, would be subject to the grant of permission by the Court to travel abroad. 7. The petition is disposed of in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 10, 2025 (Shivank Thakur)