Jammu & Kashmir High Court
Abdul Quyoum Shan vs The Union Of India on 28 April, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No. 21
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No.941/2025
CM No.2277/2025
Abdul Quyoum Shan, Age 47 years,
S/o Sh. Abdul Rehman Shan
R/o Village Bashat,
Tehsil Chenani & District Udhampur,
UT of J&K
....Petitioner(s)/Appellant(s)
Through :- Mr. Ayjaz Lone, Advocate.
Versus
1. The Union of India
through Secretary, Ministry of External
Affairs, Govt. of India, South Block,
Secretariat Building, Raisina Hill,
New Delhi.
2. The Regional Passport Officer, Jammu,
Regional Passport Office,
First Floor, Auqaf Building,
Opposite Gandhi Nagar Hospital,
Gandhi Nagar, Jammu.
3. The Senior Superintendent of Police,
CID Special Branch, Canal Road,
Jammu.
4. The Senior Superintendent of Police,
Udhampur, District Police Office,
M.H Chowk, Udhampur.
5. The Station House Officer, Police
Station, Chenani. ....Respondent(s)
Through :- Mr. Vishal Sharma, DSGI for R-1&2.
Ms. Monika Kohli, Sr. AAG for R-3 to 5.
CORAM HON'BLE MS.JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
28.04.2025
1. Petitioner, by way of instant petition, seeks a direction upon
respondent Nos. 1&2 to issue passport in his favour in pursuance of his
application registered as File No. JM2067672485623. Additionally, the
2 WP(C) No.941/2025
petitioner has also sought a direction upon respondent Nos. 3 to 5 to issue and
submit passport verification report to respondent No.2 in light of order dated
05.04.2023, passed by this Court in the petition filed by the petitioner being
CRM(M) No.275/2023, whereby the Station House Officer, Police Station
Chenani has been directed not to produce the chargesheet against the
petitioner in FIR No.30/2023.
2. It is submitted by learned counsel for the petitioner that the
petitioner has applied for passport and his application was processed by the
respondents by assigning File No.JM2067672485623, however, the same was
not considered due to the adverse verification report submitted by respondent
No.5-Station House Officer, Police Station, Chenani against the petitioner in
respect of alleged offence in case FIR No.30/2023.
3. It is further submitted that the petitioner has preferred CRM(M)
No.275/2023 seeking quashment of FIR No.30/2023, registered against him
under Sections 336/431/504/506/427/34 IPC, with Police Station Chenani,
wherein this Court after hearing learned counsel for the petitioner had
directed respondent No.5 not to file charge-sheet against the petitioner
without seeking permission from the Court. According to the learned counsel,
the aforesaid petition is still pending consideration before this Court.
4. Learned counsel for the petitioner has also submitted that the
representation dated 08.04.2025, has been filed by the petitioner before
respondent No.2-Regional Transport Officer, Jammu, requesting therein for
issuance of passport in his favour on the ground that the petitioner intends to
go for Haj pilgrimage along with spouse but his request has not been acceded
to by the respondent No.2 till date.
3 WP(C) No.941/2025
5. Issue notice to the respondents.
6. Mr. Vishal Sharma, learned DSGI, accepts notice on behalf of
respondent Nos. 1&2 and Ms. Monika Kohli, learned Sr. AAG accepts notice
on behalf of the respondent Nos. 3 to 5.
7. It is submitted by Mr. Vishal Sharma, learned DSGI appearing on
behalf of respondents No. 1 & 2 that the passport authority has to consider the
processing of passport in favour of the petitioner subject to police
verification. It is also stated that in view of the court cases being pending
against the petitioner the requirement of NOC/Permission from the trial Court
is required and in case the petitioner makes available his requisite
NOC/Permission from the trial Court, matter would be processed further.
8. In view of the submissions made by the learned counsel for the
respondents, learned counsel for the petitioner submits that this petition be
disposed of, at this stage, permitting the petitioner to place on record the
NOC/Permission as required from the trial court to the passport authority for
further consideration of the matter. Learned counsel for the respondents is
not averse to the submission made by the learned counsel for the petitioner
for disposal of the petition at this stage.
9. Accordingly, this petition is, disposed of, at its threshold, in view of
the consensus reached at between the learned counsel for both the sides, with
a direction to the respondent-authorities to accord consideration in the matter
with regard to issuance of passport in favour of the petitioner on filing of all
the requisite documents including NOC/Permission from the trial court where
the petitioner has been facing prosecution in some criminal case(s).
4 WP(C) No.941/2025
10. It is, however, expected that in view of the urgency shown by the
petitioner as he has to proceed for Haj Pilgrimage, the respondents are
expected to decide the matter expeditiously preferably within a period of one
month from the date of submission of NOC/Permission from the trial court in
accordance with law.
11. The present petition is, accordingly, disposed of, along with
connected application.
Jammu: (Moksha Khajuria Kazmi)
28.04.2025 Judge
Surinder
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
Surinder Kumar
2025.04.30 14:50
I attest to the accuracy and
integrity of this document
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