Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 35334 (ALL)

ATUL SINGH v. UNION OF INDIA AND 2 OTHERS

WRIC/9586/2025 · 2025-04-08

S Q H Rizvi, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:51802-DB Court No. - 39 Case :- WRIT - C No. - 9586 of 2025 Petitioner :- Atul Singh Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Ram Chandra Solanki Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Syed Qamar Hasan Rizvi,J. Ref: Civil Misc. Amendment Application 1. Mr. Ram Chandra Solanki, learned advocate appears on behalf of petitioner and submits, his client has applied for amendment to the prayer. Relief sought by his client for direction upon the authority is to issue passport. It is a case of re-issuance. Hence, the amendment application. 2. Mr. Sanjay Dwivedi, learned advocate, Standing Counsel appears on behalf of State and in fairness does not oppose the amendment application. 3. The amendment application is allowed. Mr. Ram Chandra Solanki has leave to correct the prayer in Court, to be countersigned by Court Master. The application is disposed of. Ref: Writ Petition 1. Mr. Ram Chandra Solanki, learned advocate appears on behalf of petitioner and submits, his client has applied for re-issue of passport on application dated 2.4.2024. Copy of the online application receipt is at page no.10 (Annexure no.1). In spite thereof, the passport has not been reissued. 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. Sanjay Dwivedi, learned advocate, Standing Counsel appears on behalf of Union of India and on query submits, he does not have instructions as to whether there has been appeal preferred to the Supreme Court against Pawan Kumar Rajbhar (supra). 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 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's case (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 :- 9.4.2025 Mohini (Arindam Sinha, J.) (S.Q.H. Rizvi, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad