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2025 DAILYLAW 100885 (ALL)

MOHAMMAD SAIF v. UNION OF INDIA AND 4 OTHERS

WRIC/32415/2024 · 2025-01-22

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10735-DB Court No. - 29 Case :- WRIT - C No. - 32415 of 2024 Petitioner :- Mohammad Saif Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Faizan Siddiqui,Mo Shadab Counsel for Respondent :- A.S.G.I.,C.S.C.,Shashi Shankar Tripathi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Shri Shahsi Shankar Tripathi, learned counsel for the Union of India. Petitioner claims that he has applied for issuance of a passport but his application has been kept pending on account of his implication in Case Crime No.292 of 2021, P.S. Dhoomanganj, District- Prayagraj, under Section 366A I.P.C. Reliance is placed upon the Division Bench judgment of this Court in Writ - C No. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India & 2 Ors.). Learned counsel for the petitioner submits that a closure report has already been filed in the matter and, therefore, mere pendency of the case cannot be construed as a ground to withhold issuance of passport. Learned counsel for the respondent points out that closure report has not been accepted by the court. In the facts of the case, we permit the petitioner to approach the concerned court where the aforesaid case is pending for grant of no objection certificate by the court concerned so that the passport authorities take a fresh decision in the matter relating to renewal of the petitioner's passport. Petitioner, therefore, is at liberty to approach the concerned court which shall act in terms of the law laid down in Pawan Kumar Rajbhar (supra) and based upon its decision, the passport authorities would do the needful by passing appropriate orders within a further period of two months, thereafter. Accordingly, the present writ petition is disposed of. Order Date :- 22.1.2025/A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad