Akbar Ali vs Union Of India Thru. Secy. Ministry Of ...
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Allahabad High Court

Akbar Ali vs Union Of India Thru. Secy. Ministry Of ... on 4 June, 2025

Author: Rajan Roy

Bench: Rajan Roy

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:34496-DB
 
Court No. - 2
 

 
Case :- WRIT - C No. - 5348 of 2025
 

 
Petitioner :- Akbar Ali
 
Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 4 Others
 
Counsel for Petitioner :- Jalaj Kumar Gupta
 
Counsel for Respondent :- A.S.G.I.,C.S.C.
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Praveen Kumar Giri,J.

1. Heard learned Counsel for the petitioner, Shri S.B. Pandey, learned Senior Advocate & D.S.G.I. assisted by Shri Varun Pandey, learned counsel for the opposite parties no. 1 & 2, and learned Standing Counsel for the State-respondents.

2. By means of this petition, the petitioner has sought a writ of mandamus commanding opposite party no. 2 to issue the passport in pursuance of the application of the petitioner dated 14.02.2024 having ARN 24-0002852444 (File No. LKK069323010624).

3. In paragraph No's. 6, 7 & 8 of the writ petition, pendency of two criminal trials before the Judicial Magistrate, Utraula, District - Balrampur, against the petitioner have been mentioned, details of which are mentioned below:-

(a.) Case Crime No. 163 of 2019, under Sections 323, 504, 506 I.P.C. registered at Police Station - Utraula, District - Balrampur. Charge sheet has been filed in this case.

(b.) N.C.R. No. 108 of 2021, under Sections 323, 504 I.P.C. registered at Police Station - Utraula, District - Balrampur. After investigation charge sheet has been filed against the petitioner.

As far as Case Crime No. 486 of 2020, under Sections 354 I.P.C. & 7/8 POCSO Act, registered at Police Station - Utraula, District - Balrampur is concerned, final report was submitted which has been accepted, as claimed by the petitioner.

4. We have already elucidated the law with regard to matters where passport is not being issued on account of pendency of criminal trial in our judgments such as decision dated 20.11.2018 passed in Writ Petition No. 31723 (M/B) of 2018 'Salim Kumar vs. Union of India & Ors.'; judgment dated 03.12.2022 rendered in Writ-C No. 8621 of 2022 : 'Shiv Shankar vs. Union of India & Ors.'; decision dated 21.06.2022 rendered in Writ-C No. 3617 of 2022 : 'Smt. Rashmi Kapoor vs. Union of India & Ors.'; decision dated 13.11.2024 passed in Writ-C No. 9562 of 2024 and a recent decision dated 21.10.2024 rendered by this very Division Bench in Writ-C No. 8874 of 2024 'Shah Alam vs. Union of India & Ors.', yet writ petitions are being filed seeking such reliefs as has been prayed therein. This wastes the time of the Court. Petitioner should seek remedy before the Court where criminal trial is pending in the light of our judgments referred hereinabove.

5. Accordingly, the petition is disposed of.

 
Order Date :- 4.6.2025
 
Lokesh Kumar
 

 
[Praveen Kumar Giri, J.]    [Rajan Roy, J.]