Amanulla vs Union Of India Thru. The Secy. ...
2023 Latest Caselaw 4342 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 
Case :- WRIT - C No. - 1090 of 2023
 
Petitioner :- Amanulla
 
Respondent :- Union Of India Thru. The Secy. Ministry Of External Affairs , New Delhi And Other
 
Counsel for Petitioner :- Irfan Alam
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Manish Kumar,J.

Heard learned counsel for the petitioner and Sri S.B. Pandey, learned Deputy Solicitor General of India and learned Senior Advocate, assisted by Sri Varun Pandey, learned counsel for the respondents.

This petition has been filed with the following main prayer:-

"i) Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the Opp. parties specially the Opp Party No.2& 3 to issue the pass port to the petitioner for going Saudi Arabia for offering Hajj in Macca Sharif. In the interest of justice".

It has been submitted by learned counsel for the petitioner in paragraph-8 of the pleadings that two First Information Reports have been lodged against him in Case Crime No. 582/2013 and in Case Crime no.1657/2018 in Police Station Kotwali Nagar, District Balrampur.

Learned counsel for the respondents has referred to the guidelines issued by the Ministry of External Affairs and the Notification dated 25.08.1993. 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, placed on record, 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.

Order Date :- 10.2.2023

Rahul