Manohar Singh vs Union Of India Thru.Ministry Of ...
2022 Latest Caselaw 6278 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 4175 of 2022
 

 
Petitioner :- Manohar Singh
 
Respondent :- Union Of India Thru.Ministry Of External Affairs And 5 Others
 
Counsel for Petitioner :- Vishal Kumar Yadav,Santosh Kumar Yadav
 
Counsel for Respondent :- A.S.G.I.,C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner and Shri S.B. Pandey, learned Assistant Solicitor General of India assisted by Shri Varun Pandey for opposite party Nos. 1, 3 and 4 and Shri Akhilesh Srivastava, learned Standing Counsel for opposite party Nos. 2, 5 & 6.

By means of this writ petition, the petitioner has prayed for issuance of a writ of mandamus commanding opposite parties to issue a passport in furtherance of passport application No.22-0008872332, dated 10.06.2022.

Admittedly two criminal cases, i.e. Case Crime No.232/2017, under Sections 427, 323, 504 IPC, P.S. Bhira, District Lakhimpur Kheri and Case Crime No.145/2016, under Sections 427, 323, 324, 504 IPC, P.S. Bhira, District Lakhimpur Kheri are pending before the respective courts at District Lakhimpur Kheri. In a situation where criminal cases are pending against a person applying for issuing a passport, the matter is regulated under Notification dated 25th August, 1993, which, for ready reference, has been reproduced in a judgment rendered by this Court in Misc. Bench No.31723 of 2018, a copy of the notification is also placed on record as Annexure No.5 to the writ petition.

On a careful reading of the notification, placed on record, it is gathered that it is the competent court where the criminal cases are pending that the petitioner may make an appropriate application for issuance of a direction to the competent authority for issuing passport during pendency of the criminal cases.

In case any such application is filed before the court concerned, necessary orders shall be passed expeditiously in accordance with law.

With the observation aforesaid, the writ petition is disposed of.

Order Date :- 7.7.2022

ML/-