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Allahabad High Court · body

2025 DAILYLAW 90650 (ALL)

ARVIND KUMAR v. UNION OF INDIA AND ANOTHER

WRIC/30081/2025 · 2025-08-31

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30081 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. The last renewal of the passport of petitioner was done on 11.12.2024 for period up to 10.12.2025. The petitioner has not given any fresh application for extension of the validity period of the passport and has straightway approached this Court seeking a writ of mandamus directing the respondents to ignore the previous renewal order and treat the validity period of the passport up to 23.01.2033, as was prescribed while issuing the original passport. 2. It is not disputed that after grant of the original passport, the petitioner got involved in a criminal case, being Case Crime No.268 of 2021 (Criminal Case No.339 of 2021), Police Station, Sikrara, District Jaunpur. It further appears that in terms of judgment in Civil Misc. Writ No.9231 of 2024, the petitioner applied before the court where criminal case was pending for grant of no-objection for travelling abroad. The said application was allowed subject to furnishing of bank guarantee of Rs.50,000/-. It appears that on account of involvement of the petitioner in criminal case after grant of initial passport and on the basis of no- objection granted by the Court, the period of validity of the original passport was limited up to 10.12.2025. 3. Learned counsel for the respondent No.2-Regional Passport Officer has placed reliance on Section 6 (2) (f) of the Passport Act, 1967 and submits that on account of pendency of criminal case, the petitioner obtained no- objection and since no period was prescribed in the said certificate and Versus Counsel for Petitioner(s) : Indra Jit Singh, Sr. Advocate Counsel for Respondent(s) : A.S.G.I. Arvind Kumar .....Petitioner(s) Union Of India And Another .....Respondent(s) therefore, in terms of Notification dated 25.08.1993 issued by the Ministry of External Affairs, which has statutory force, the validity of the passport was restricted to one year (paragraph (ii) of the Notification). He also submits that in case, the petitioner obtains fresh no-objection and makes application for extension/renewal of the passport, the Passport Officer will process the application as per law. 4. Admittedly, no period is prescribed in the order of the Court granting no-objection. Paragraph (a) (ii) of the Notification dated 25.08.1993 stipulates as follows:- "(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year." 5. As per the aforesaid stipulation, admittedly the last renewal was for one year. It is open to the petitioner to obtain fresh no-objection, as the trial is still pending and make appropriate application for extension of the validity period of the previous passport. In the event, any such application is filed, the Passport Officer will process the application in accordance with law. 6. Accordingly, the writ petition stands disposed of. September 1, 2025 Amit WRIC No. 30081 of 2025 2 (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad