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2025 DAILYLAW 61650 (ALL)

SHIVPOOJAN PATEL v. UNION OF INDIA AND ANOTHER

WRIC/16512/2025 · 2025-05-21

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86660-DB Court No. - 39 Case :- WRIT - C No. - 16512 of 2025 Petitioner :- Shivpoojan Patel Respondent :- Union Of India And Another Counsel for Petitioner :- Dipendra Kumar Tripathi,Lakshmi Kant Pandey,Tryambak Nath Mishra Counsel for Respondent :- A.S.G.I.,Ajay Kumar Gautam Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Dipendra Kumar Tripathi, learned advocate appears on behalf of petitioner and submits, his client is working abroad but has returned to India pursuant to issuance of impugned show cause notice dated 16th December, 2024. He had applied for re-issue of his passport. He received letter dated 16th December, 2024 from the Authority requiring explanation as to why his re-issued passport should not be impounded, alleging suppression. His client by reply dated 9th May, 2025 explained that it is an old pending case invoking provisions in U.P. Public Examination (Prevention of Unfair Means) Act, 1998 and that his client is on bail. He submits, there be direction for the reply to be considered and the show cause notice dropped. 2. Mr. Ajay Kumar Gautam, learned advocate, Central Government Standing Counsel appears on behalf of Union of India. 3. Coordinate Benches by order dated 25th June, 2024 in Writ-C no. 5587 of 2024 and order dated 19th January, 2023 in Writ-C no.41450 of 2023 have taken view that issuance/re- issuance of passport may not be affected by pendency of criminal case(s), in which applicant stands named as accused. What is important is, direction of concerned criminal Court, if any, on whether the accused person may or may not travel. 4. Petitioner says he has given aforesaid reply dated 9th May, 2025. He will communicate certified copy of this order along with copies of said reply, bail order and affidavit declaration sworn before the Executive Magistrate stating there is no order preventing him to travel. 5. Within two weeks of communication made as directed above, the passport authority will either drop the proceeding or inform reason(s) to petitioner for proceeding to impound the passport. 6. The writ petition is disposed of. Order Date :- 22.5.2025 Shivangi (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad