BYAS VERMA v. UNION OF INDIA THROUGH SECRETARY MINISTRY OF EXTERNAL AFFAIRS GOVT AND ANOTHER
WRIC/5621/2025 · 2025-03-04
Ashwani Kumar Mishra, Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21400 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21400 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:32268-DB Court No. - 29 Case :- WRIT - C No. - 5621 of 2025 Petitioner :- Byas Verma Respondent :- Union Of India Through Secretary Ministry Of External Affairs Govt And Another Counsel for Petitioner :- Deepankar Shukla,Mukesh Kumar Pandey Counsel for Respondent :- A.S.G.I.,Bimalesh Ch. Tripathi,Narendra Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Sri Narendra Singh,
learned counsel for the respondents. Petitioner's passport has been impounded in 2022 on account of his implication in two criminals cases.
Learned counsel for the petitioner states that both the cases relate to minor offences in which the petitioner has been bailed out. It is also stated that First Information Reports of said cases have been lodged by petitioner's Pattidar (distant relatives).
Learned counsel for the respondent has obtained instructions in the matter, according to which a show cause notice was issued to the petitioner on 4th July, 2022 which has not been responded. A Division Bench of this Court in Pawan Kumar Rajbhar vs. Union of India & 2 Ors. in Writ C No.41540 of 2023, decided on 19.1.2024 has examined the statutory scheme with respect of issuance of passport and has observed that in cases where criminal proceeding is pending it would be the appropriate court which would be in a better position to consider the question as to whether
issuance of passport would be desirable in view of the pendency of criminal proceedings. In the facts of the case, we permit the petitioner to approach the concerned court where the aforesaid case is pending for grant of no objection certificate by the court concerned so that the passport authorities take a fresh decision in the matter relating to issuance of the petitioner's passport. Petitioner, therefore, is at liberty to approach the concerned court which shall act in terms of the law laid down in Pawan Kumar Rajbhar (supra) and based upon the opinion of the concerned Court in that regard it shall be open for the petitioner to apply before the respondent authority for revocation of the impounding order. It goes without saying that such claim would be dealt with expeditiously. The writ petition is, accordingly, stands disposed of.
Order Date :- 5.3.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad