Patna High Court – Orders
Nilay Kumar @ Nilay Raut @ Nilu Raut vs The Union Of India on 16 June, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.539 of 2025
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Nilay Kumar @ Nilay Raut @ Nilu Raut Son of Late Bhikham Raut Resident
of Village- Chhagrahan Virata Tola, P.O.- Chhapra Bahas, P.S.- Sugauli,
District- East Champaran at Motihari.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of External Affairs,
South Block, Secretariat, Raisina Hill, New Delhi, India.
2. The Regional Passport Officer, Regional Passport Office, Patna, 2nd and 3rd
Floor, D Block, Mourya Lok Complex, Patna, Bihar- 800001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha- Advocate
Mr. Subhash Kumar Jha- Advocate
For the Respondent/s : Mr. Additional Solicitor General
Ms. Priya Gupta- C.G.C.
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 16-06-2025
1. Heard learned counsel for the petitioner and
learned CGC appearing on behalf of the Union of India.
2. The learned counsel for the petitioner submits that
petitioner had applied for issuance of his passport but the same
was denied to him on the ground that he has been implicated in
a criminal case being Suguali P. S. Case No. 48 of 2022 dated
24.01.2022 registered for the offences under Sections 147, 148,
149, 341, 342, 323, 324, 307, 386, 332, 333, 427, 353, 504, 506
of the I.P.C. read with Section 3 of the Epidemic Act and
Sections 3 and 4 of the Damage to Public Property Act.
3. The learned counsel for the petitioner next submits
that investigation in Suguali P. S. Case No. 48 of 2022 till date
Patna High Court CWJC No.539 of 2025(5) dt.16-06-2025
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is continuing and charge sheet has not been submitted, as such,
the aforesaid criminal case till date has not reached the Court of
competent criminal jurisdiction, hence the respondent could not
have denied the passport to the petitioner and for the said
proposition relied on an order dated 10.04.2025 passed in
CWJC No.16278 of 2024 (Gautam Rana vs. Union of India and
others).
4. The learned counsel appearing on behalf of the
Union of India submits that a counter-affidavit on behalf of the
Regional Passport Officer has been filed wherein in sum and
substance, the grounds taken is that the petitioner did not appear
before the Passport Officer when he was called, as such, his
application seeking issuance of passport was closed. The learned
CGC submits that the law is well settled in this regard that under
what circumstances the passport cannot be issued. It is also
submitted that mere institution of a criminal case will not debar
a person from seeking his passport as has been held by this
Court in the case of Gautam Rana vs. Union of India and others.
The learned CGC further submits that if the petitioner applies
for issuance of a fresh passport, the same shall be issued in his
favour as till date charge-sheet in the case has not been
submitted in Sugauli P. S. Case No. 48 of 2022.
Patna High Court CWJC No.539 of 2025(5) dt.16-06-2025
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5. The learned counsel appearing on behalf of the
petitioner submits that he is taking a stand of least resistance
and thus, for the present is not disputing the averments made in
the counter-affidavit as petitioner will file a fresh application
seeking passport within a period of ten (10) days from today.
6. After hearing the learned counsel for the parties,
the writ application is disposed of in terms of order dated
10.04.2025 in CWJC No.16278 of 2024 (Gautam Rana vs.
Union of India and others).
7. It is made clear that if any online application is
filed by the petitioner seeking issuance of passport on or before
30.06.2025, in that event, the Passport Officer after considering
his application shall issue passport in accordance with law
keeping the order dated 10.04.2025 in CWJC No.16278 of 2024
in mind within a period of one month thereafter.
(Satyavrat Verma, J)
vikash/-
U