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High Court of DelhiW.P.(CRL)/25/2019

Mohd. Mohsen @ Mohan v. State & ORS.

2025-08-07Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 25/2019 & CRL.M.A. 159/2019 MOHD. MOHSEN @ MOHAN .....Petitioner Through:

Mr. S. S. Hora, Advocate with Petitioner in person versus STATE & ORS.

.....Respondents Through:

Mr. Amol Sinha, ASC for State with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Nitish Dhawan and Ms. Sanskriti Nimbekar, Advocates with Insp. Joginder, SI Rambir Singh, Special Branch and SI Sunil Chandra, P.S. Ambedkar Nagar Mr. Amit Tiwari, Mr. Ayush Tanwar, Ms.

Ayushi Srivastava and Ms. Nishtha Dhall, Advocates for UOI

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 07.08.2025 1.

Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Petitioner with the following prayers: "a) Issue a writ of mandamus, or any other appropriate writ, order or direction to the Respondent No. 1, 2 & 3 for grant of LTV beyond 17.08.2005 and regularizing the same till grant of citizenship and also exempting the petitioner from producing any valid Pakistani passport beyond 2006, as the same is not being provided by the Pak High Commission as mentioned in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Gazette Notification of Govt. of India, 2010 as already mentioned and annexed, b) Issue necessary directions to Respondent No. 3 for giving necessary permission of some permanent nature for allowing him to visit Faridabad, where his in-laws and his own children are staying and studying there, c) To quash the criminal proceedings arising out of the FIR bearing FIR bearing no.58/2009, U/S-14 of Foreigners Act R/W-12 of Passport Act at PS Ambedkar Nagar pending in the Court of Sh. Anuj Kumar, M.M. at Saket Court, Delhi or directing the respondent no.1 & 2 for withdrawal of the same from the Court concerned. d) To stay the criminal proceedings pending in the court of the court of Sh. Anuj Kumar .M.M. (South District) at Saket Courts, New Delhi in FIR No.

58/09 till the pendency and decision of this writ petition of the Petitioner, and e) Trial court record may also be summoned as original three Pakistani passport are in the concerned file which were seized at the time of arrest of the petitioner and hence the same is necessary for deciding the petition and also in the interest of justice." 2.

Status Report filed on behalf of States is taken on record, wherein it is submitted that DCP, Special Branch, Delhi, vide letter dated 01.08.2025 has conveyed that on the verification by the Area Surveillance Officer, it is informed that the Petitioner is an illegal immigrant staying in India without valid passport and Indian visa and is liable to be deported to his native country. The Petitioner has not been found eligible for grant of Long Terms Visa (LTV) and exemption granted in the Gazette Notification dated 15.05.2010, is not applicable to him.

3.

The copy of the Order has been uploaded on the portal wherein it is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

indicated that the Long Terms Visa (LTV) extension has been denied to the Petitioner. The same be taken on record.

4.

In view of the LTV being denied to the Petitioner, nothing more survives in the Petition. The Petitioner is at liberty to pursue the remedies as available in the law.

5.

The Petition alongwith pending Application, is disposed of accordingly.

NEENA BANSAL KRISHNA, J AUGUST 7, 2025 R/N The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.