Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 27238 (ALL)

RAVI KUMAR v. UNION OF INDIA AND 2 OTHERS

WRIC/7112/2025 · 2025-03-10

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:35432-DB Court No. - 29 Case :- WRIT - C No. - 7112 of 2025 Petitioner :- Ravi Kumar Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Krishna Kanhaiya Soni Counsel for Respondent :- A.S.G.I.,Akhilesh Kumar Srivastava,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the parties. The petitioner is aggrieved by show cause notice issued by Regional Passport Officer, Bareilly, dated 04.02.2025 asking the petitioner to clarify as to why his passport be not impounded on account of pendency of criminal proceedings against him in Case Crime No.302 of 2018 under Sections 363, 376 IPC, Police Station Dilari, District Moradabad. Notice is challenged on the ground that in the aforesaid criminal proceedings, charge sheet has been filed, investigation got concluded in which the petitioner is not implicated. A certificate of Senior Superintendent of Police, Moradabad, dated 16.07.2024 has also been relied upon, according to which no criminal proceeding is pending against the petitioner. The petitioner has already annexed copy of the charge sheet. Charge sheet submitted in the aforesaid case clearly indicates that implication of the petitioner has not been found in the aforesaid case and charge sheet is only filed against other persons. It is, therefore, submitted that there exists no adverse material against the petitioner and notice issued to the petitioner is liable to be dropped. Learned counsel for the respondents states that such facts would be taken into consideration by the authorities to pass appropriate orders on the petitioner's objection to the show cause notice. In this view of the matter, we dispose of this writ petition with direction upon the Regional Passport Officer, Bareilly to take into consideration the facts highlighted by the petitioner, as noticed above and pass suitable orders within a period of six weeks from the date of presentation of the copy of this order before him. The authority while taking final decision shall bear in mind provisions of Section 6(2) (e) of the Passport Act, 1967 which mandates that issuance of the passport can be withheld only in specific exigency which is not shown to arise in the facts of the present case. Order Date :- 11.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad