Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 6046 (JK)

ISHTIYAQ HUSSAIN DRABU v. REGIONAL PASSPORT OFFICE TH.ITS RPO

WP(C)/129/2025 · 2025-07-11

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 23 Regular Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 129/2025 CM 265/2025 Ishtiyaq Hussain Drabu …Petitioner(s) Through: Mr Sajid Ahmad Bhat, Advocate. VERSUS Regional Passport Office through its PRO. …Respondent(s) Through: Ms. Rehana Qayoom, Advocate vice Mr T. M. Shamsi, DSGI. CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 11.07.2025 1. With the consent of the learned counsel for the parties, this petition was taken for final disposal. 2. Heard learned counsel for the parties. 3. The prayer made by the petitioner is for commanding the respondent to issue passport to the petitioner notwithstanding the pendency of the FIR lodged against him within some stipulated time. 4. It is stated that as of May 7th, 2024, when the petitioner submitted the application, no FIR had been registered against him, however, subsequently on 17th of May, 2024, FIR No. 11/2024 was registered with the Anti-Corruption Bureau, Kashmir under Section 5(1) (d) read with 5(2) of the J&K Prevention of Corruption Act. Svt. 2006 and Section 120-B RPC against him. 5. As is evident from the record, in the communication/ show cause notice dated 21st of October, 2024, reference has been made to FIR 11/2024 which was registered by Anti-Corruption Bureau, Kashmir on 17th of May, 2024 i.e., after the petitioner applied for the issuance of passport. 6. The respondent has filed the response stating therein that the communication/ show cause notice dated 21st of October, 2024 was issued to the petitioner to show cause as to why he suppressed the FIR mentioned above, but he failed to respond to the same. 7. In light of the aforesaid facts and circumstances of the case, it cannot be said that there was any suppression of fact on the part of the petitioner, therefore, the present petition is disposed of by directing the respondents to consider the application of the petitioner for issuance of passport afresh in accordance with law. 8. Let the needful be done within a period of one month from the date copy of this order is made available to the respondent. 9. Disposed of. (Rajnesh Oswal) Judge SRINAGAR 11.07.2025 Shoaib