Chirag Shah vs Union Of India
2023 Latest Caselaw 20246 MP

Madhya Pradesh High Court

Chirag Shah vs Union Of India on 1 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 1 st OF DECEMBER, 2023
                                               WRIT PETITION No. 29662 of 2023

                           BETWEEN:-
                           CHIRAG SHAH S/O LATE SHRI VIPIN SHAH, AGED
                           ABOUT   53  YEARS, OCCUPATION: BUSINESS 77,
                           PATRAKAR COLONY, INDORE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI SHASHWAT JAIN, LEARNED COUNSEL)

                           AND
                           1.    UNION OF INDIA PRINCIPAL SECRETARY
                                 MINISTRY OF EXTERNAL AFFAIRS NEW DELHI
                                 (DELHI)

                           2.    REGIONAL PASSPORT OFFICER ISBT MAIN
                                 BUILDING MEZZANINIE FLOOR HABIBGANJ,
                                 BHOPAL (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI SUDHANSHU VYAS, LEARNED COUNSEL ON ADVANCE
                           NOTICE)

                                 This petition coming on for admission this day, th e court passed the

                           following:
                                                               ORDER

The petitioner has challenged the show cause notice dated 23.11.2023 issued by respondent No.2 by which the passport has been denied to the petitioner on the ground of adverse police report that various criminal cases are pending against the petitioner.

2. Counsel for the petitioner submits that the issue involved in the present case is squarely covered by an order passed by coordinate Bench on

14.08.2023 in WP No.15823/2023 (Abuzar Rangwala vs. Union of India & Anr.) whereby the Court relying on an order dated 09.05.2023 passed in WP No.6229/2023 held that only because of adverse report, the renewal of passport cannot be denied because the petitioner is not seeking permission for going abroad. The said petition was allowed and the respondents were directed to renew the passport for such period according to his entitlement.

3. Counsel for the respondent does not dispute that the present matter is squarely covered by the judgment passed in Abuzar Rangwala (supra).

4. Accordingly, the petition stands allowed and it is directed to the respondents to renew the passport of the petitioner for such period according

to his entitlement within a period of three months from the date of receipt of certified copy of this order.

5. It is made clear that merely because the petitioner's passport is renewed, would not entitle him to travel abroad as he can depart from India only after obtaining due permission from the concerned court, where the case is pending.

6. With the aforesaid, the present petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya