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2025 DAILYLAW 35270 (ALL)

DR. DIPTI AGARWAL v. UNION OF INDIA AND 2 OTHERS

WRIC/9467/2025 · 2025-04-09

S Q H Rizvi, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53062-DB Court No. - 39 Case :- WRIT - C No. - 9467 of 2025 Petitioner :- Dr. Dipti Agarwal Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Vidya Sagar Counsel for Respondent :- A.S.G.I. Hon'ble Arindam Sinha,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Mr. Vidya Sagar, learned advocate appears on behalf of petitioner and submits, his client has applied for re-issue of passport on application dated 13.01.2025. Copy of the online application receipt is at page no.32 (annexure no.2). In spite thereof, the passport has not been re-issued. This is purportedly because criminal cases are pending in which his client is involved. 2. He relies on order dated 19.1.2024 of co-ordinate Bench in a batch of writ petitions, leading case being Writ-C no. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India and two others), paragraph nos. 21 and 29. 3. Mr. Anant Kumar Tiwari, learned advocate, Standing Counsel appears on behalf of Union of India. He submits, his instructions are that passport cannot be re-issued because of pending criminal cases against petitioner. 4. Co-ordinate Bench in paragraph 21 of Pawan Kumar Rajbhar (supra) recorded fair statement made by learned Additional Solicitor General of India (A.S.G.I.) that there is no reason to withhold issuance, renewal or reissue of a passport. Furthermore, in paragraph 27 of the co-ordinate Bench discussed pendency of criminal case or cases or FIR registered, in which applicant, inter alia, for reissuance of passport has been mentioned as accused. There again fair statement made by learned A.S.G.I. was recorded, regarding cases where any NCR may be registered, the necessary passport may be issued, reissued, renewed, as the case may be, without any delay. No permission may be sought or required from the competent court of criminal jurisdiction, in those cases. 5. The view as was taken by co-ordinate Bench covers petitioner's claim in the writ petition. Concerned respondent as may be respondent no.2 or any other is directed to forthwith deal with the application of petitioner, for reissue of passport in terms of Pawan Kumar Rajbhar (supra). In event the application is to be rejected, petitioner must be informed of the reasons within four weeks of communication of certified copy of this order. It goes without saying, otherwise the passport must be reissued within aforesaid period. 6. The writ petition is disposed of. Order Date :- 10.4.2025 Gurpreet Singh (Arindam Sinha, J.) (S.Q.H. Rizvi, J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad