Chandan Kumar Singh Thru His Father ... vs Union Of India Thru. Secy. Ministry Of ...
2025 Latest Caselaw 3450 ALL

Allahabad High Court

Chandan Kumar Singh Thru His Father ... vs Union Of India Thru. Secy. Ministry Of ... on 13 January, 2025

Author: Rajan Roy

Bench: Rajan Roy

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:2278-DB
 
Court No. - 2
 
Case :- WRIT - C No. - 11387 of 2024
 
Petitioner :- Chandan Kumar Singh Thru His Father Vijay Kumar Singh
 
Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs Govt. Of India New Delhi And 3 Others
 
Counsel for Petitioner :- Nalin Arora,Anubhav Singh,Vrishank Pathak
 
Counsel for Respondent :- A.S.G.I.,C.S.C.
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Brij Raj Singh,J.

Heard learned counsel for the petitioner and Shri S.B. Pandey, learned Senior Counsel and Deputy Solicitor General of India assisted by Shri Varun Pandey, learned counsel for the Union of India.

Petitioner seeks renewal/ re-issuance of his passport, however, there is a criminal case pending against him arising out of Crime No. 130 of 2019, under Sections 406, 420, 506 IPC, Police Station- Wazirganj, District- Lucknow and he is on anticipatory bail.

In view of the aforesaid, he will have to seek permission of the Court where the trial is pending against him. However, the problem is on account of the fact that the petitioner is abroad i.e. in Landon and is unable to come back on account of expiry of his passport.

We have been informed that there is a provision of emergency certificate to enter the country. It is also informed by Shri Varun Pandey, learned counsel for the Union of India that in one of the cases the wife the applicant was permitted to seek permission of the Court below.

If the petitioner is residing abroad then he can seek permission from the court where the criminal proceedings are pending in view of the decision dated 03.12.2022 in Writ C No.8621 of 2022; Shiv Shankar vs. Union of India and others and the earlier decision on the subject in the case of Salim Khan vs. Union of India and Ors; Writ Petition No.31723 (M/B) of 2018 dated 20.11.2018 and judgment dated 21.06.2022 rendered in Writ C No.3617 of 2022 ; Smt. Rashmi Kapoor vs. Union of India and others or he may apply for an emergency certificate as provided under Section 4 (2) of the Pass Port Act, 1967 and the Pass Port Manual for entering into India and seeking such permission as the case may be. If such a permission/NOC is granted by the Court concerned, the same shall be submitted before the Regional Pass Port Officer who shall consider the application of the petitioner accordingly, as per law but with expedition say, within one month of submission of such NOC/permission.

With the aforesaid observations and liberty, the writ petition is disposed of.

.

(Brij Raj Singh,J.) (Rajan Roy,J.)

Order Date :- 13.1.2025

R.K.P.