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Neutral Citation No. - 2025:AHC:61856-DB Court No. - 39 Case :- WRIT - C No. - 12301 of 2025 Petitioner :- Sikandar Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Naveen Kumar Srivastava Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr. Naveen Kumar Srivastava, learned advocate appears on behalf of petitioner and submits, his client is in Oman. He has online applied for renewal of passport, his existing passport is still valid upto 07.06.2025. He seeks direction upon the Passport Office to renew his client's passport. 2. Mr. Ashim Mukherjee, learned advocate, Standing Counsel appears on behalf of Union of India and submits, petitioner can apply for emergency travel document since, criminal cases are pending against him. 3. The criminal Court, on adjudication may direct a person to be restrained from travelling or, as in petitioner's case, require him to travel to India for purpose of the pending criminal case. There is no submission made on behalf of Union of India that some direction stands made by concerned criminal Court, where criminal case or cases are pending against petitioner. In the circumstances, view taken by 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 is squarely applicable. 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 issuance of fresh 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 :- 23.4.2025 Gurpreet Singh (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad