Disposed

Shamim Ahmad Alias Shamim Achchan v. Union of India Thru. Secy. Ministry of External Affairs Govt. of India New Delhi and 4 Others

Allahabad HC25 Oct 2024WRIC/8652/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of a writ petition seeking a passport. The court directed the Union of India to provide a declaration proforma. Upon submission, the Regional Passport Officer must consider the passport application within 15 days.

What did the court decide?

Direction to Respondent to provide declaration proforma within one week; upon submission, Regional Passport Officer to consider passport application within 15 days.

Shamim Ahmad Alias Shamim Achchan vs… — Constitutional and Fundamental Rights | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:72644-DB

¶2

Court No. - 2

¶3

Case :- WRIT - C No. - 8652 of 2024

¶4

Petitioner :- Shamim Ahmad Alias Shamim Achchan Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs Govt. Of India New Delhi And 4 Others Counsel for Petitioner :- Birendra Pratap Singh,Pankaj Kumar Counsel for Respondent :- A.S.G.I.,C.S.C.,Varun Pandey

¶5

Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

¶6

Heard Shri Birendra Pratap Singh, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Varun Pandey, learned counsel for the Union of India.

¶7

This writ petition has been filed aggrieved by in action of the opposite parties in issuing Passport to the petitioner.

¶8

On 03.10.2024 the Court had passed the following order:-

¶9

"1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-opposite parties no.2, 4 and 5 and Sri Varun Padney, learned counsel appearing for opposite parties no.1 and 3.

¶10

2. This writ petition has been filed with the following main prayer:-

¶11

"Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties particularity the Regional Passport Officer, Lucknow (opposite party no.3) to issue Passport in favour of the petitioner as accordance with law, within a fixed time frame, in the interest of justice."

¶12

3. Learned counsel for the petitioner has referred to the order passed by the Chief Judicial Magistrate, Gonda dated 01.08.2024 in Session Trial No.1760 of 2015, arising out of Case Crime No.244 of 2011 filed against the petitioner under Sections 323, 325, 504 and 506 IPC, Police Station Kotwali Colonelganj, District Gonda, where the trial court had given a direction to the Regional Passport Officer to issue passport to the petitioner w.e.f. 01.09.2024 to 31.01.2026 on the basis of the conditions mentioned in the said order. However, the passport has not been issued to the petitioner. When the petitioner tried to find out from the office of the Regional Passport Officer, he has been informed that in the police verification report, 28 more cases have been shown against the petitioner, wheres it is only in two cases that the petitioner has shown as an accused. The details of such cases and the status has also been mentioned in paragraph 19 of the writ petition.

¶13

4. Sri Varun Pandey, learned counsel for the opposite parties shall seek instructions from opposite party no.3 with regard to the contents of paragraph 19 of the writ petition.

¶14

5. List this matter on 24.10.2024, as fresh, showing the name of Sri Varun Pandey as counsel for the opposite parties."

¶15

Today, Shri Varun Pandey, learned counsel for the Union of India has instruction to inform the Court that as per police verification report dated 13.12.2023 received in the Office of the Regional Passport Officer, Lucknow four criminal cases are pending against the petitioner, out of which two have been finalized. As regards the remaining two cases the petitioner has already obtained permission from the Court where the trial is pending for issuance of Passport, however, there is a declaration to be given by the petitioner before the Regional Passport Officer, Lucknow in terms of Notification GSR 570E.

¶16

Let a copy of the proforma on which the declaration has to be submitted by the petitioner be provided by Shri Varun Pandey, learned counsel for the Union of India to the petitioner's counsel within a period of one week, as offered by him, whereupon petitioner should submit such declaration before the Regional Passport Officer, Lucknow and the said Officer shall proceed to consider issuance of Passport to the petitioner within a period of 15 days therefrom.

¶17

With the aforesaid observations/directions, the writ petition is disposed of.

¶18

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

¶19

Order Date :- 25.10.2024 R.K.P.

¶20

Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench

Shamim Ahmad Alias Shamim Achchan v. Union of India Thru. Secy. Ministry of External Affairs Govt. of India New Delhi and 4 Others

Case brief

What is this about?

What did the court decide?

Shamim Ahmad Alias Shamim Achchan v. Union of India Thru. Secy. Ministry of External Affairs Govt. of India New Delhi and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Jaan Mohammad and 2 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Revenue Lko. and 3 Others

Pinki Vs State of U.P. Thru. Secy. Finance Deptt. Lko and 3 Others

Mohmmad Naim Vs District Magistrate District Ayodhya and Another

Shafiq Ahmad and 10 Others vs State of U.P. Thru. Prin. Secy. Urban Development Lko and 4 Others

Dinesh Yadav vs the Union of India Thru. Secy. Psp Division Ministry of External Affiars and 4 Others

M/S Prakash Traders Rabipur Bahauddinpur Thru. Proprietor Om Prakash and Another vs State of U.P. Thru. Prin. Secy. Finance Lko. and 2 Others