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2025 DAILYLAW 86635 (ALL)

ISHWARCHANDRA SUGREEM JAISWAL v. UNION OF INDIA AND ANOTHER

WRIC/27775/2025 · 2025-09-09

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27775 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The petitioner has prayed for a writ of mandamus commanding respondent no.2 to permit the petitioner to go to United Arab Emirates (Dubai) for the purpose of doing job on basis of valid passport and visa already issued by the competent authorities in his favour. 2. The case of the petitioner is that he is having a valid passport. He was also issued visa on 21.03.2024 by the authorities of UAE. He worked in Dubai till the year 2025 and when he returned back to India, he came to know of pendency of a criminal case being Case Crime No.223 of 2024 under Sections 352, 351(3), 89, 123 and 69 of BNS, 2023, PS- Belhar Kala, District- Sant Kabir Nagar. The petitioner has challenged the First Information Report before this court in Criminal Misc. Writ Petition No.745 of 2025 wherein his arrest has been stayed till submission of police report under Section 173(2) Cr.P.C. vide order dated 17.01.2025. The petitioner has alleged in para 11 of the writ petition that although, he wants to go back to Dubai but he is not being permitted by respondent no.2. 3. In view of the aforesaid case set-up in the writ petition, we required the respondents to clarify their stand. 4. Respondent no.2 in the written instructions dated 02.09.2025 has taken the stand that the passport was issued to the applicant from UAE-Dubai on 17.04.2023. It is admitted that it is valid up to 16.04.2033. It is stated that, since, the passport was not issued under the jurisdiction of Regional Versus Counsel for Petitioner(s) : Vijay Kumar Dubey Counsel for Respondent(s) : A.S.G.I., Ajay Singh Ishwarchandra Sugreem Jaiswal .....Petitioner(s) Union Of India And Another .....Respondent(s) Passport Office, Lucknow nor its Sub-ordinate Offices located in 37 locations in U.P., therefore, respondent no.2 has no jurisdiction in the matter. It is also stated that a mail has been sent to Consulate General of India, UAE-Dubai on 19.08.2025 intimating it about the case of the petitioner. 5. Alongwith the written instructions, an email dated 04.09.2025 is annexed being from Vice Consul (Passport), Consulate General of India, Dubai in which the stand taken is that the passport was issued by CGI, Dubai. It is also stated that police verification pertaining to the passport is clear and as per available records, the passport has not been impounded/revoked by CGI, Dubai. It is stated that the matter is being forwarded to RPO, Lucknow as it does not pertains to CGI, Dubai. 6. In view of the stand of the respondents, we dispose of the instant petition by providing that, in case, there is any legal impediment in the petitioner travelling outside the country on basis of the passport already issued in his favour, the concerned authority will intimate the reason to the petitioner in writing within four weeks from the date of communication of the instant order. September 10, 2025 Ankit. WRIC No. 27775 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad