Nazar Mohd. vs Union Of India Thru. Secy. Ministry Of ...
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Allahabad High Court

Nazar Mohd. vs Union Of India Thru. Secy. Ministry Of ... on 2 January, 2024

Author: Vivek Chaudhary

Bench: Vivek Chaudhary

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:61-DB
 
Court No. - 2
 

 
Case :- WRIT - C No. - 11290 of 2023
 

 
Petitioner :- Nazar Mohd.
 
Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs Govt. Of India , Delhi And Another
 
Counsel for Petitioner :- Santosh Kumar Yadav
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Om Prakash Shukla,J.

1. Heard learned counsel for petitioner and Sri S.B. Pandey, learned Senior Advocate and Deputy Solicitor General of India assisted by Sri Varun Pandey, appearing for respondent nos.1 and 2.

2. Learned counsel for the petitioner has submitted that the application for issuance of passport has not been dealt with by the competent authority since October, 2023.

3. The petitioner in his writ petition has clearly disclosed in Paragraph 9 that a case crime No.713 of 2017 was lodged against the petitioner under Sections 429 I.P.C. & 11 (Gha) of the Prevention of Cruelty to Animal Act, P.S. Mahrajganj Tarai, District Balrampur. The said criminal case is pending in the Court of Judicial Magistrate First, District Balrampur.

4. 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.

5. 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 of passport during pendency of the criminal case.

6. In case any such application is filed, it is expected that the competent court shall pass necessary orders within a period of four weeks from the date of its filing, after putting the parties to notice. The Regional Passport Officer/respondent no.2, shall thereafter pass appropriate orders as expeditiously as possible, say, within a period of four weeks.

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

(Om Prakash Shukla,J.) (Vivek Chaudhary, J.)

Order Date :- 2.1.2024

Arjun/-