Ashok Verma vs Union Of India Thru. Ministry Of ...
2024 Latest Caselaw 33213 ALL

Allahabad High Court

Ashok Verma vs Union Of India Thru. Ministry Of ... on 1 October, 2024

Author: Sangeeta Chandra

Bench: Sangeeta Chandra

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:68196-DB
 
Court No. - 3
 

 
Case :- WRIT - C No. - 8511 of 2024
 

 
Petitioner :- Ashok Verma
 
Respondent :- Union Of India Thru. Ministry Of External Affairs New Delhi And 3 Others
 
Counsel for Petitioner :- Neeta Singh Chandel
 
Counsel for Respondent :- A.S.G.I.,C.S.C. 
 
Hon'ble Mrs. Sangeeta Chandra, J. 
 

Hon'ble Brij Raj Singh, J.

1. Heard the learned counsel for the petitioner, learned Standing Counsel, who appears for the State-opposite parties no.3 and 4 and Sri Nishant Shukla, learned counsel appearing for opposite parties nos.1 and 2.

2. This petition has been filed for the following main prayer:-

"Issue a writ, order or direction in the nature of Mandamus commanding the respondent no.2 to renew the passport of the petitioner bearing no.J3324065 which was issued on 27.09.2010 till effective 26.09.2020 for further periods."

3. It appears that petitioner is an accused in a criminal case, which is pending before the trial court. However, his passport is not being renewed. A show cause notice was issued by the Regional Passport Officer to the petitioner, to which he replied on 18.05.2022, a copy of the reply to the show cause notice dated 12.04.2022 has been filed as Annexure No.6 to the writ petition. Even thereafter the Regional Passport Officer has not taken any decision on his application for renewal.

4. Learned counsel appearing for opposite parties no.1 and 2 has pointed out that under Sub Section (2) Clause-F of Section-6 of the Passport Act, the issuance of Passport can be withheld by the Regional Passport Officer in case of criminal proceedings being pending against the applicant. He has pointed out the Government of India Notification dated 25.08.1993 and the judgment of this Court in Writ Petition No.31723 (M/B) of 2018, Saleem Khan Vs. Union of India and another, decided on 20.11.2018.

5. This writ petition is disposed of with a direction to the petitioner to file an appropriate application in Criminal Appeal No.164 of 2021 seeking permission. Only after such permission is granted by the appellate court, the petitioner may approach the Regional Passport Officer, who may pass an appropriate order in accordance with law thereafter.

.

(Brij Raj Singh, J.) (Sangeeta Chandra, J.)

Order Date :- 1.10.2024

Rao/-