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

Lallan vs Union Of India Thru. Secy. Ministry Of ... on 1 March, 2024

Author: Vivek Chaudhary

Bench: Vivek Chaudhary

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:19146-DB
 
Court No. - 2
 

 
Case :- WRIT - C No. - 2057 of 2024
 

 
Petitioner :- Lallan
 
Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs Deptt. , New Delhi And Others
 
Counsel for Petitioner :- Anil Kumar Nishad,Rajesh Kumar Dhuriya
 
Counsel for Respondent :- A.S.G.I.,C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Om Prakash Shukla,J.

1. Heard learned Counsel for the petitioner, Shri Varun Pandey, learned Counesl for the respondent-Union of India and learned Standing Counsel for the State-respondents.

2. Petitioner has approched this Court with a prayer to issue a writ in the nature of certiori to quash the impugned order passed on passport application of the petitioner dated 21.12.2023 where it shows that the police verificateion report is not clear; with a further prayer to reissue the passport of the petitioner, issued for the period 07.09.2011 to 06.09.2021, in the light of order dated 16.10.2023 passed in Writ-C No.29346 of 2023.

3. Learned Counsel for the petitioner states that petitioner 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.

4. The petitioner in this writ petition has clearly disclosed in paragraph no.6 that an FIR was registered against him as Case Crime No.161/2020, under Sections 323, 504, 506, 325, 34 I.P.C., Police Station Kudwar, District Sultanpur and charge-sheet has already been submitted in the court of and the petitioner has been granted bail by learned Chief Judicial Magistrate vide order dated 28.06.2021.

5. 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.

6. 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.

7. 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.

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

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

Order Date :- 1.3.2024

Anand Sri./-