Siraj Hussain vs Union Of India Thru. Secy. Ministry ...
2024 Latest Caselaw 37624 ALL

Allahabad High Court

Siraj Hussain vs Union Of India Thru. Secy. Ministry ... on 14 November, 2024

Author: Rajan Roy

Bench: Rajan Roy

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:75677-DB
 
Court No. - 2
 

 
Case :- WRIT - C No. - 9724 of 2024
 

 
Petitioner :- Siraj Hussain
 
Respondent :- Union Of India Thru. Secy. Ministry External Affairs Govt. New Delhi And Another
 
Counsel for Petitioner :- Utkarsh Kumar,Ajeet Kumar Mishra
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Brij Raj Singh,J.

Heard learned Counsel for the petitioner and Shri S.B. Pandey, learned Senior Advocate and D.S.G.I. assisted by Shri Varun Pandey, Advocate for the opposite parties.

Admittedly, proceedings under Section 482 Cr.P.C. are pending, wherein the proceedings of the criminal case / trial under Section 135 of the Electricity Act, 2003 has been stayed, therefore, it cannot be said that criminal proceedings are not pending as on date against the petitioner, for the purposes of issuance / renewal of passport under the Passport Act, 1967.

In view of this, permission / no objection certificate has to be sought from the Court where the proceedings under Section 482 are pending in the light of the judgment of this Court dated 21.06.2022 passed in Writ C No. 3617 of 2022, Smt. Rashmi Kapoor Vs. Union of India & others; and the notification of the Government of India dated 25.08.1993 read with subsequent notification dated 10.10.2019 which are statutory notifications issued under Section 22 of the Passport Act, 1967. If such permission / NOC, is granted, then obviously the same would be submitted to the Regional Passport Officer who shall take a decision accordingly as per law, but with expedition say within two weeks of submission of such permission, if granted, otherwise the matter shall rest.

The writ petition is accordingly disposed of in the aforesaid terms.

Order Date :- 14.11.2024

Lokesh Kumar

[Brij Raj Singh, J.] [Rajan Roy, J.]