Hiralal vs Union Of India Thru. Secy. Ministry Of ...
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Allahabad High Court

Hiralal vs Union Of India Thru. Secy. Ministry Of ... on 8 December, 2023

Bench: Vivek Chaudhary, Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:80498-DB
 
Court No. - 3
 

 
Case :- WRIT - C No. - 10646 of 2023
 

 
Petitioner :- Hiralal
 
Respondent :- Union Of India Thru. Secy. Ministry Of Externl Affairs, New Delhi And Another
 
Counsel for Petitioner :- Prem Prakash Singh,Javed Khan
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Manish Kumar,J.

Heard learned counsel for the petitioner and Sri S.B. Pandey, Senior Advocate and DSGI assisted by Sri Varun Pandey for the opposite parties.

Present writ petition has been filed seeking direction to the opposite party no. 2 to renew the passport of petitioner's son issued for the period 22.08.2013 to 21.08.2023.

Counsel for the petitioner states that petitioner is the father of the applicant, who is working in Dubai and he was issued a passport for the aforesaid period. He further submits that the application for renewal of passport has not been dealt with by the competent authority.

The petitioner in his writ petition has clearly disclosed in paragraph nos. 7 & 8 that an FIR was registered against the son of petitioner as case crime no. 86/2019, under Sections 323, 504, 506, 325 IPC, P.S. Jaitpur, District Ambedkar Nagar, which is pending and charge-sheet dated 24.06.2019 has already been filed against the son of petitioner.

The Government of India, Ministry of External Affairs has issued guidelines, according to which in a situation where criminal cases are pending against a person, on applying for issuing a passport/renewal of 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. Learned counsel for the petitioner has also placed reliance on a judgment rendered by Delhi High Court in Criminal Appeal No.686/2018 (Ashok Khanna Vs. Central Bureau of Investigation) decided on 07.11.2019, MANU/DE/3767/2019 and reliance has also been placed upon a judgment/order passed by Hon'ble Apex Court in Criminal Appeal Nos. 1342/2017 (Vangala Kasturi Rangacharyulu Vs. Central Bureau of Investigation), MANU/SCOR/34388/2021, decided on 27.09.2021.

On a careful reading of the notification, it is gathered that it is the competent court where the criminal case is pending that the petitioner may make an appropriate application for issuance/renewal of the passport before the court concerned seeking directions to the competent authority for issuing/renewal of passport during pendency of the criminal cases.

In case any such application is filed, it is expected that the competent court shall pass necessary orders expeditiously, preferably within a period of two months from the date of its filing, after putting the parties to notice.

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

(Manish Kumar, J.) (Vivek Chaudhary, J.)

Order Date :- 8.12.2023

Nitesh