Waseem Ahmad Khan Vs U.O.I. Thru. Secy. Ministry of External Affairs New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

Waseem Ahmad Khan Vs U.O.I. Thru. Secy. Ministry of External Affairs New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with direction to the petitioner to approach the trial court concerned by moving an appropriate application; the trial court to pass an appropriate order strictly in accordance with law for granting permission to go abroad on conditions it deems appropriate; thereafter the Regional Passport Officer to consider issuance of the passport.

Issue for consideration

Whether the opposite parties, specifically O.P. No. 2 (Regional Passport Officer), should be commanded by mandamus to take action on the petitioner's application for issuance/renewal of his passport notwithstanding the pendency of a criminal case against him. +1 more

Court's answer

Since a criminal case is pending against the petitioner, the writ petition is disposed of with a direction to the petitioner to approach the trial court concerned by moving an appropriate application, and the trial court will pass an appropriate order strictly in accordance with law granting permission to the petitioner to go abroad on conditions which it deems appropriate.

Ratio / Principle

Only after the trial court passes such an order permitting the petitioner to go abroad can the petitioner's case for issuance of passport be considered by the Regional Passport Officer concerned.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Writ-C No. 9059 of 2025, decided September 15, 2025 (Sangeeta Chandra & Brij Raj Singh, JJ.): Waseem Ahmad Khan sought mandamus commanding the Regional Passport Officer (O.P. No. 2) to act on his application of 07.07.2025 for issuance/renewal of passport during pendency of a criminal case, relying on Notification No. GSR 570(E) dated 25.08.1993, and a further direction to the Additional Chief Judicial Magistrate, Court No. 21, Sultanpur. Counsel for the parties agreed the issue was already decided in Writ-C No. 2309 of 2025 (Mohd. Aanis v. U.O.I.), Neutral Citation 2025:AHC-LKO:14032-DB. Finding a criminal case pending, the Court disposed of the petition, directing the petitioner to approach the trial court for permission to go abroad; the trial court to pass an appropriate order strictly in accordance with law on conditions it deems fit, and only thereafter could the Regional Passport Officer consider issuance of the passport.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 9059 of 2025

Waseem Ahmad Khan

.....Petitioner(s)

Versus

U.O.I. Thru. Secy. Ministry Of External Affairs New Delhi And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Gyanendra Mishra
Counsel for Respondent(s)	: A.S.G.I., C.S.C.

Court No. - 2

HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the petitioner, Shri S.B. Pandey, learned Senior Counsel as well as Deputy Solicitor General of India assisted by Shri Varun Pandey, learned counsel for the Union of India as well as learned Standing Counsel for the State and perused the record.

This writ petition has been filed by petitioner with following main prayers:

"1. Issue writ, order a direction in the nature of Mandamus there by commanding the opposite parties specifically the O.P.No.2 to take appropriate action on the application made before him for issuance/renewal of passport.

2. Issue writ, order a direction commanding the learned Additional Chef Judicial magistrate Court No.21 Sultanpur to decide the application made by petitioner. "

It has been submitted by learned counsel for the petitioner that the petitioner has made an application on 07.07.2025 to the Regional Passport Officer concerned requesting him to renew/reissue his passport by placing reliance on the Notification No.GSR 570(E) dated 25.08.1993, which mentions that during pendency of a criminal case passport can be issued, however, respondents have not taken any decision on his application, hence this writ petition has been filed with the aforesaid prayers.

WRIC No. 9059 of 2025

2

Learned counsel for the parties have agreed that the issue raised in this writ petition has been decided by this Court in Writ-C No.2309 of 2025; Mohd. Aanis versus U.O.I and 3 others, Neutral Citation No.2025:AHC-LKO:14032-DB .

We find that a criminal case is pending against the petitioner before an appropriate court and, therefore, this writ petition is disposed of with direction to the petitioner to approach the trial court concerned by moving an appropriate application. The trial court concerned will pass an appropriate order strictly in accordance with law for granting permission to the petitioner to go abroad on conditions which it deems appropriate. Only thereafter his case for issuance of passport can be considered by the Regional Passport Officer concerned.

(Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.)

September 15, 2025 Anupam S/-

Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench