Shakir Ali vs Union Of India Thru. Prin. Secy. ...
2024 Latest Caselaw 33214 ALL

Allahabad High Court

Shakir Ali vs Union Of India Thru. Prin. Secy. ... on 1 October, 2024

Author: Sangeeta Chandra

Bench: Sangeeta Chandra

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:68197-DB
 
Court No. - 3
 

 
Case :- WRIT - C No. - 8564 of 2024
 

 
Petitioner :- Shakir Ali
 
Respondent :- Union Of India Thru. Prin. Secy. Ministry Of External Affairs New Delhi And 3 Others
 
Counsel for Petitioner :- Ram Prakash Singh,Vivek Kumar
 
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 opposite parties to issue the passport to the petitioner, in the interest of justice."

3. It is the case of the petitioner that he has applied for a passport on 23.08.2024. When he enquired about the status, he came to know that his application has remained pending because the police has not submitted a report in his favour.

4. It has been submitted that on 28.09.2014, an FIR was lodged against the petitioner and other accused in Case Crime No.358 of 2014, under Sections 147, 148, 149, 307, 308, 336, 427, 504 and 506 IPC at Police Station Kotwali Dehat, District Gonda. Charge sheet has been filed and the trial is pending in the court of Additional Sessions Judge-IIIrd, Gonda. The petitioner has been granted bail by this court on 05.12.2014.

5. 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.

6. This writ petition is disposed of with a direction to the petitioner to approach the trial court, where the criminal case is pending and seek permission by way of an appropriate application. Only after such permission is granted by the trial 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/-