Allahabad High Court
Santosh Kumar Gupta vs Union Of India Thru. Secy. Ministry ... on 22 May, 2024
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:38706-DB
Court No. - 3
Case :- WRIT - C No. - 4549 of 2024
Petitioner :- Santosh Kumar Gupta
Respondent :- Union Of India Thru. Secy. Ministry External Affairs , New Delhi And Others
Counsel for Petitioner :- Sushil Kumar Gupta,Arun Kumar Gupta
Counsel for Respondent :- A.S.G.I.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Brij Raj Singh,J.
(1) Heard the learned counsel for the petitioner and the learned Standing counsel who appears for the State-respondent and Shri Varun Pandey, who appears on behalf of the Respondent nos.1, 2 and 3.
(2) This petition has been filed by the petitioner for the following main prayer:-
"1) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party to renew the Passport no.L9622996 in the name of the petitioner in the interest of justice."
(3) It has been submitted by the learned counsel for the petitioner that the petitioner's Passport was going to expire and therefore he applied for renewal thereof but his application has remained pending. He has been orally informed that the renewal of Passport cannot be considered because of negative report submitted by the police in which three cases are reported to be pending against him.
(4) Learned Counsel appearing on behalf of the Respondent nos.1, 2 and 3 has pointed out that under Sub Section 2 Clause-F of Section-6 of the Passport Act, the issuance of Renewal of Passport can be withheld by the Regional Passport Officer, in case of criminal proceedings being pending against the applicant.
(5) In the case of the petitioner three criminal cases are pending the details of which are given below:-
(i) Case Crime No.332 of 2010, under Section 3/7 of Essential Commodities Act at Police Station Madhoganj, District Hardoi.
(ii) Case Crime No.481 of 2014, under Sections 504, 506 of the I.P.C., at Police Station Madhoganj, District Hardoi.
(iii) Case Crime No.515 of 2021, under Section 25 (g)/30 Arms Act, at Police Station Madhoganj, District Hardoi.
The petitioner has already been granted bail in all the aforesaid cases.
(6) Learned counsel for the respondents has pointed out the Government of India Notification dated 25.08.1993 and the judgment of this Court in the case of Saleem Khan Vs. Union of India and Another decided on 20.11.2018 in Writ Petition No.31723 (M/B) of 2018.
(7) This writ petition is finally disposed of with a direction to the petitioner to approach the Trial Court where the criminal cases are pending and seek permission by way of an appropriate application. Only after such permission is granted by the learned Trial Court, he may approach the Regional Passport Officer, who may pass an appropriate order, in accordance with law, thereafter.
Order Date :- 22.5.2024
N.PAL
