Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 39784 (ALL)

ZARINA BEGUM AND ANOTHER v. UNION OF INDIA AND 3 OTHERS

WRIC/10620/2025 · 2025-04-09

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:52856-DB Court No. - 39 Case :- WRIT - C No. - 10620 of 2025 Petitioner :- Zarina Begum And Another Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Abou Sofian Usmani Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Mr. Usmani, learned advocate appears on behalf of petitioners and submits, his clients have applied for issuance of passport on applications dated 14.1.2025. Copy of the online application receipts are at pages no.21 and 25 (annexure no.1). In spite thereof, the passports have not been issued. This is purportedly because criminal cases are pending, in which his clients are 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. Shukla, learned advocate, Standing Counsel appears on behalf of State 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). None appears for respondent-Union of India. 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 petitioners' claim in the writ petition. Concerned respondent as may be respondent no.3 or any other is directed to forthwith deal with the application of petitioners, for issue of passport in terms of Pawan Kumar Rajbhar (supra). In event the application is to be rejected, petitioners must be informed of the reasons within four weeks of communication of certified copy of this order. It goes without saying, otherwise the passports must be issued within aforesaid period. 6. The writ petition is disposed of. Order Date :- 10.4.2025 Sumaira (Arindam Sinha, J.) (S.Q.H. Rizvi, J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad