Passport related judgement

If high court is given judgement it may be appealed to supreme court .so don't be hurry.wait patiently

High court judgement will based on facts and merit of that case, you need to check complete your case before quoting then same. As well that High court judgement can challenged in apex court.

Originally posted by : Sandeep
	Dear all, I came to know that recently Allahabad high court has given judgement that an accused in a criminal case can have passport and travel abroad without any bar. if any member has access to this judgement, pls share, I need it urgently. Best regards Sandeep Aggarwal

Local counsels can help you, if there was indded such judgment.

The applicable rules/procedure/laws are to be complied with.

You may in the meantime go thru;

Allahabad High Court

?AFR 
Court No. - 21 

Case :- WRIT - C No. - 59959 of 2016 

Petitioner :- Mohd. Farid 
Respondent :- Union Of India And Another 
Counsel for Petitioner :- Rohan Gupta,Dharmendra Singh 
Counsel for Respondent :- A.S.G.I.,Pramod Kumar Pandey 

Hon'ble V.K. Shukla,J. 
Hon'ble Mahesh Chandra Tripathi,J. 
(Oral : V.K. Shukla, J.) 

The criminal cases that are pending, in the present case, are alleged to have come forward are arising out of matrimonial discord and the details that have been pointed out by the petitioner reflects that an NCR No. 68 of 2013 under Section 323, 504 and 506 of the Indian Penal Code registered by Usman Khan a relative of Mrs. Tasneem Khan against the petitioner alongwith 3 others and during the pendency of the said proceedings, an application dated 13.08.2013 under Section 155(2) of the Code of Criminal Procedure came to be filed before the Court of Chief Judicial Magistrate, Siddharth Nagar and the same came to be registered as Case No. 712/2013?Usman Khan -vs- Zamin and others and cognizance of the said case has been taken by the Petitioner only on 14.01.2015. In reference of another case lodged by wife of petitioner Mrs. Tasneem bearing Case Crime No. 1325/2013 under Section 323, 498A and 313 of the Indian Penal Code read with Section � of Dowry Prohibition Act wherein investigation has been carried out and final report has been submitted and petitioner has proceeded to mention that compromise has been entered therein. 
Once such is the nature of criminal cases, then merely because the criminal case is pending, can the Passport Authority only on the said ground that criminal case is pending proceed to impound the passport in question. 
As already discussed above, the Passport Authority will have to take objective consideration while proceeding to exercise his discretion whether pendency of such criminal case warrants impounding of passport or not keeping in view the conduct of the petitioner. Apart from this in the present case what we find that the Passport Officer has proceeded to pass the order only on the premise that criminal case is pending before this Court and at no point of time reply that has been submitted by the petitioner that he was having matrimonial discord and the said criminal case have direct nexus with the same and in view of this, in the facts of the case, statutory obligation to record reasons under sub-section 5 of Section 10 also remains un-complied with and as such, the order dated 26.10.2016 is hereby quashed and set aside. The Passport Officer is free to pass fresh order as already mentioned above. 
With these, Writ Petition is allowed. 
Order Date :- 20.12.2016 
A. Pandey 
 

 

 

Muneer Ahmad vs State Of U.P. And Another on 15 July, 2010

Court No. - 5

 

Case :- U/S 482/378/407 No. - 2874 of 2010

 

Petitioner :- Muneer Ahmad

Respondent :- State Of U.P. And Another

Petitioner Counsel :- Mohd. Raza Khan

Respondent Counsel :- Govt. Advocate

 

Hon'ble Vedpal,J.

 

 

AFR 

Reserved 

Criminal Misc. Application No. 4811 of 2004 
Jarrar Hussain and others Vs. State of U.P. and another 
Connected with 

Criminal Misc. Application No. 8479 of 2005 
Karrar Hussain Vs. State of U.P. and another 


Hon'ble R.K.Rastogi,J 

 

 

?Court No. - 8 

Case :- U/S 482/378/407 No. - 4549 of 2012 

Petitioner :- Mohd. Shariq (At: 02:00 P.M.) 
Respondent :- The State Of U.P And Anr. 
Petitioner Counsel :- Maneesh Singh,Adnan Taher Khan 
Respondent Counsel :- Govt. Advocate,R P Mishra 

Hon'ble Vishnu Chandra Gupta,J.

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Criminal  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Criminal matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Originally posted by : Sandeep
	Dear all, I came to know that recently Allahabad high court has given judgement that an accused in a criminal case can have passport and travel abroad without any bar. if any member has access to this judgement, pls share, I need it urgently. Best regards Sandeep Aggarwal

The posts of  Om Parkash are posted to hint that IT is posting by the id of IT's biological grandfather.

The judgment posted by It is not in sync with query.

 

Extarct;

"as in the instant case, it was not a case of the issuance of a fresh passport but was a case for re-issuance of a valid passport from manual to computerize passport. Without going into this legal aspect, considering the submission made at the bar that in the event, the petitioner applies for re-issuance of the (4) passport through online application, the same would be processed at the earliest

"