Allahabad High Court
Balvir Singh vs Union Of India And 2 Others on 12 May, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:77342-DB Court No. - 39 Case :- WRIT - C No. - 13881 of 2025 Petitioner :- Balvir Singh Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Indra Raj Counsel for Respondent :- A.S.G.I.,Sanjay Dwivedi Hon'ble Arindam Sinha,J.
Hon'ble Avnish Saxena,J.
1. Mr. Indra Raj, learned advocate appears on behalf of petitioner and submits, his client has applied for re-issue of passport on application dated 26th December, 2024. Copy of the online application receipt is at page no.38 (Annexure no.8). In spite thereof, the passport has not been reissued. This is purportedly because criminal cases are pending in which his client is involved.
2. Mr. Sanjay Dwivedi, learned advocate, Central Government Counsel appears on behalf of Union of India and submits, there are criminal cases pending against petitioner.
3. Pendency of criminal case is not fatal for issuance of fresh or renewal of passport. Different coordinate Benches by order dated 25th June, 2024, in Writ C no. 5587 of 2024 (Umapati Vs. Union of India through Secretary Ministry of External Affairs New Delhi and three others) and by order dated 19th January, 2024 in Writ C no. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India and two others), had taken view regarding pendency of criminal case against applicant for issuance/re-issuance/renewal of passport to say, inter alia, such pendency did not affect applicant's entitlement to have the passport. It is different matter when competent Courts forbids a person from travelling abroad. Furthermore, in paragraph 27 of Pawan Kumar Rajbhar (supra), the co-ordinate Bench discussed pendency of criminal case(s) or FIR registered, in which applicant, for reissuance of passport stands mentioned as accused. There again fair statement made by learned A.S.G.I. was recorded, regarding cases, where any NCR may be registered, the necessary passport may be issued, reissued, renewed, as the case may be, without any delay. No permission may be sought or required from the competent Court of criminal jurisdiction, in those cases.
5. The view as was taken by the Benches cover petitioner's claim in the writ petition. Concerned respondent as may be respondent no.2 or any other is directed to forthwith deal with the application of petitioner, for issuance of passport in terms of Pawan Kumar Rajbhar (supra). In event the application is to be rejected, petitioner must be informed of the reasons within four weeks of communication of certified copy of this order. It also goes without saying, otherwise the passport must be issued within aforesaid period.
6. The writ petition is disposed of.
Order Date :- 12.5.2025 NSC (Arindam Sinha, J.) (Avnish Saxena, J.)