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Neutral Citation No. - 2025:AHC:65512-DB Court No. - 39 Case :- WRIT - C No. - 12768 of 2025 Petitioner :- Soharam Ansari Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Shivam Kumar Modanwal Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr. Vishweshwar Mani Tripathi, learned advocate holding the brief appears on behalf of petitioner and submits, his client is in Saudi Arabia. Prior to expiry of his passport, on 16th January, 2025, he had applied for renewal/reissue. His existing passport expired on 16th April, 2025. He is before Court for direction upon the authority to issue fresh passport on renewal.
2. Mr. Umesh Chandra Tripathi, learned advocate, Central Government Counsel appears on behalf of Union of India and submits, there are criminal cases pending against petitioner.
3. Pendency of criminal case is not fatal for issuance of fresh or renewal of passport. Co-ordinate Bench in paragraph 21 of Writ-C no. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India and two others) 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, the co-ordinate Bench discussed pendency of criminal case or cases or FIR registered, in which applicant for reissuance of passport stands 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 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 also goes without saying, otherwise the passport must be issued within aforesaid period.
6. The writ petition is disposed of. Order Date :- 28.4.2025 NSC (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad