Neutral Citation No. - 2025:AHC:87757 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 16428 of 2025 Applicant :- Mohd. Chand Ahmad Opposite Party :- Union Of India And Another Counsel for Applicant :- Vinod Kumar Kushwaha Counsel for Opposite Party :- A.S.G.I. Hon'ble Sanjay Kumar Pachori,J. 1. Heard, Shri Vinod Kumar Kushwaha, learned counsel for the applicant, Ms. Deep Mala Srivastava, learned counsel for Union of India. 2. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, has been filed to quash the order dated 09.04.2025 passed by Additional Chief Judicial Magistrate/ Additional Civil Judge (Senior Division), Ghaziabad in Case No. 4811 of 2018 (State Vs. Irfan and others) arising out of Case Crime No. 122 of 2018, under Sections 323, 324, 504 of I.P.C., Police Station- Masuri, District- Ghaziabad, whereby the application of the applicant to grant permission to renew the passport has been dismissed. 3. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and only mentioned the facts of the application and notification of Central Government and dismissed the application without any consideration or any reason. It is further submitted that only one criminal case being Case Crime No. 122 of 2018, under Sections 323, 324, 504 of I.P.C. is pending before the court concerned. 4. Learned counsel for the applicant submits that it is made clear that Passport Authority has refused to submit the report due to the above mentioned case being pending against the applicant. It has been noticed that there are increasing number of references being received regarding passport applications. The Ministry has issued a notification wherein several reliance and instructions have been mentioned. 2 5. Learned counsel for the applicant relied upon the judgment of Apex Court in Maneka Gandhi Vs. Union of India (1978) AIR SC 597, wherein the Supreme Court has held that having passport is a fundamental right of the citizen of India and a citizen can not be deprived of such fundamental right. It has been further observed that for issuance of passport a declaration has to be made by the applicant that the applicant has not been convicted by any Court of Law in India for any criminal offence and has not been sentenced to imprisonment for two years or more than two years with other relevant information. It is not in dispute that the applicant is not a previously convict. 6. Learned counsel for the opposite party nos. 1 and 2 has not denied the factual matrix and position of law in this regard. 7. In view of the facts and position of law enumerated under Articles 19(1)(d) and 21 of the Constitution of India and law laid down in Maneka Gandhi (Supra), the order dated 09.04.2025 is liable to be quashed. 8. The present application is allowed with a direction to the trial court that in case, applicant moves a fresh application for grant of permission for obtaining renewal of passport, the same will be decided expeditiously within a further period of 15 days after production of certified copy of the order in light of notification dated 25.08.1993, office memorandum dated 10.10.2019 as well as law laid down in Maneka Gandhi (supra) case. Order Date :- 23.5.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad