Abhishek Singh v. Union of India and 3 Others

Court No. - 32 Case :- WRIT - C No. - 42829 of 2023 Petitioner :- Abhishek Singh Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Surendra Mohan Mishra,Vishveshwar Mani Tripathi Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Salil Kumar Rai,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard the counsel for the petitioner, learned Standing Counsel representing the respondents no.4 and learned counsel for the respondents no.1 to 3.

¶2The present petition has been filed praying for a mandamus commanding the concerned respondents to issue passport in favour of the petitioner.

¶3From the pleadings in the petition and the documents annexed with the same, it appears that the passport of the petitioner is not being issued because a criminal case is pending against the petitioner.

¶4In view of the aforesaid, there is no illegality in the act of the passport department in not issuing the passport of the petitioner under clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967. However, in view of the office memorandum dated 10th October, 2019, No.VI/401/1/5/2019 which provides that the persons against whom criminal cases are pending may be exempted from the operation of Section 6 (2) (f) of the Act, 1967, in case, they produce orders from the court concerned permitting them to depart from India subject to the conditions enumerated in GSR 570 (E) dated 25.08.1993.

¶5The petitioner may take steps for issuance of his passport in accordance with the conditions prescribed in the office memorandum dated 10th October, 2019 and in case, the petitioner fulfills the requirement prescribed in the said office memorandum, the concerned authority shall consider the case of the petitioner for issuance of his passport.

¶6With the aforesaid observation, the writ petition is disposed of. Order Date :- 12.12.2023 Abhishek Gupta High Court of Judicature at Allahabad