Allahabad High Court
Satyarath Mishra vs Union Of India And 3 Others on 29 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:66436-DB Court No. - 39 Case :- WRIT - C No. - 12964 of 2025 Petitioner :- Satyarath Mishra Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Vishveshwar Mani Tripathi Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Arindam Sinha,J.
Hon'ble Avnish Saxena,J.
1. Mr. Vishveshwar Mani Tripathi, learned advocate appears on behalf of petitioner and submits, his client has applied for re-issue of passport on application dated 9th June, 2022. Copy of the online application receipt is at page no.13 (annexure no.1). In spite thereof, the passport has not been reissued. This is purportedly because criminal cases are pending, in which his client is involved. He relies on order dated 25th June, 2024 of another coordinate Bench in Writ-C no.5587 of 2024 (Umapati Vs. Union of India through Secretary Ministry of External Affairs New Delhi and three others), paragraph 7. The paragraph is reproduced below.
" 7. There is no mention in the writ petition of the fact that the petitioner plans to go abroad in which case he would undoubtedly have to apply to the court of competent jurisdiction where the criminal cases are pending to seek such a permission. This Court is of the considered view that no prior permission from the competent court is required where the criminal cases are pending for issue of passport under the Indian Passport Act and no such provision has been envisaged in the said Act."
(emphasis supplied)
2. He also relies on order dated 19th January, 2024 of co-ordinate Bench in a batch of writ petitions, leading case being Writ-C no. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India and two others), paragraph nos. 21 and 29.
3. None appears on behalf of Central Government on revised call.
4. Co-ordinate Bench in paragraph 21 of Pawan Kumar Rajbhar (supra) recorded fair statement made by learned Additional Solicitor General of India (A.S.G.I.) that there is no reason to withhold issuance, renewal or reissue of a passport. Furthermore, in paragraph 27 of the co-ordinate Bench discussed pendency of criminal case or cases or FIR registered, in which applicant, inter alia, for reissuance of passport has been 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 co-ordinate Bench covers petitioner's claim in the writ petition. Concerned respondent as may be respondent nos.2 & 3 or any other is directed to forthwith deal with the application of petitioner, for reissue 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 goes without saying, otherwise the passport must be reissued within aforesaid period.
6. The writ petition is disposed of.
Order Date :- 29.4.2025 Shivangi (Arindam Sinha, J.) (Avnish Saxena, J.)