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2025 DAILYLAW 51071 (ALL)

ISA HAFIZ v. UNION OF INDIA AND 3 OTHERS

WRIC/13414/2025 · 2025-04-30

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68508-DB Court No. - 39 Case :- WRIT - C No. - 13414 of 2025 Petitioner :- Isa Hafiz Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Jitendra Singh, learned advocate appears on behalf of petitioner and submits, his client is seeking direction to compel the authority to reissue passport on application dated 21st September, 2022. 2. Mr. Ajeet Kumar Srivastava, learned advocate, Central Government Counsel appears on behalf of Union of India and submits, petitioner himself said in paragraph 6 that he had surrendered his passport. The paragraph is reproduced below. "6. That, after getting aforesaid letter dated 07.10.2022, petitioner surrendered his passport before the Regional Passport Office, Lucknow." 3. On query Mr. Singh submits, his client had a passport. On its expiry he applied for reissue. After the passport was received, letter dated 7th October, 2022 was issued and in response he surrendered the re-issued passport. The criminal cases are consequence of matrimonial dispute. His client is entitled to getting reissued passport. 4. We find relevant statement in paragraph 7 that the criminal cases relate to matrimonial dispute. Furthermore, by letter dated 7th October, 2022 itself, the authority had required petitioner to submit fresh application with correct details. In the circumstances, petitioner's fresh application for reissue of passport stands covered by view taken in paragraphs 21 and 27 of order dated 19th January, 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). 5. 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. 6. 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. 7. The writ petition is disposed of. Order Date :- 1.5.2025 Mohini (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad