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2025 DAILYLAW 56588 (ALL)

SHIVA KANT v. UNION OF INDIA AND ANOTHER

WRIC/15124/2025 · 2025-05-19

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84429-DB Court No. - 39 Case :- WRIT - C No. - 15124 of 2025 Petitioner :- Shiva Kant Respondent :- Union Of India And Another Counsel for Petitioner :- Amar Singh Yadav Counsel for Respondent :- A.S.G.I. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Amar Singh Yadav, learned advocate appears on behalf of petitioner and submits, his client has applied for re-issuance of passport on application dated 27th April, 2025. Copy of the online application is at page no.15 (annexure no.2). In spite thereof, the passport has not been issued. This is purportedly because criminal cases are pending in which his client is involved. 2. He relies on 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), paragraph nos. 21 and 27. 3. Mr. Arvind Kumar Goswami, learned advocate, Central Government Counsel appears on behalf of Union of India and submits, petitioner simply applied for re-issue without complying with the requisition to pay the fees. 4. This Court by Co-ordinate Bench and through us have made several directions regarding issuance of passport. Petitioner's case appears to be different in as much as he has not paid requisite fees. 5. Petitioner will communicate certified copy of this order to respondent no.2 along with proof of payment of requisite fees. His application for re-issue be then considered in line view taken by the coordinate Bench on order dated 19th January, 2024 in the case of Pawan Kumar Rajbhar (supra) 6. 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. 7. 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 re-issuance of passport as expeditiously as possible 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. 8. The writ petition is disposed of. Order Date :- 20.5.2025 Shivangi (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad