Neutral Citation No. - 2024:AHC-LKO:55870-DB
Court No. - 3 Case :- WRIT - C No. - 6965 of 2024
Petitioner :- Akash Shukla
Respondent :- Union Of India Thru. Secy. , Ministry Of External Affairs , New Delhi And 3 Others
Counsel for Petitioner :- Shravan Kumar Upadhyay,Poorendu Mishra
Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner, Sri S.B. Pandey learned D.S.G.I assisted by Sri Devesh Kumar, for respondent nos. 1 and 2 and learned Standing Counsel who appears on behalf of the respondent nos. 3 and 4.
This petition has been filed by the petitioner with the following main prayers:-
"(I). A Writ, order or direction in the nature of mandamus. commanding thereby directing the opposite party no.2 i.e. Passport Officer, Vipin Khand, Gomti Nagar, District Lucknow to issue a fresh passport of the petitioner in view of the judgment passed in the case of Maneka Gandhi Vs. Union of India as well as Basoo Yadav Vs. Union of India, forthwith in the interest of justice.
(II). A writ, order or direction in the nature of, mandamus commanding thereby directing the opposite party no.2 to decide the representation of the petitioner dated 26.07.2024, forthwith in the interest of justice. (contained in Annexure No.3 to this writ petition" It is the case of the petitioner that the respondent no. 2 is not issuing passport to the petitioner only because he is an accused in criminal case under sections 323, 504, 506, 352 and 452 of IPC. A copy of the first information report dated 3.3.2021 has been filed as annexure 2 to the petition. It has been submitted by learned counsel for the petitioner that the petitioner has been falsely accused in the said case.
1
Learned counsel for the State-respondents on the basis of instructions says that chargesheet has been filed against the petitioner in the appropriate court on 22.10.2021. In view of law settled by this court in it's Division Bench Judgment in the case of Salim Khan Vs. Union of India and Others, in Writ Petition No. 31723 (M/B) of 2018; decided on 20-11-2018, this writ petition is disposed of with a direction to the petitioner to approach the Trial Court, which 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 and only thereafter his case for issuance of passport can be considered by the Regional Passport Officer.
Order Date :- 13.8.2024 Mayank
2