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2025 DAILYLAW 100937 (ALL)

MANOJ KUMAR v. UNION OF INDIA AND 3 OTHERS

WRIC/33816/2025 · 2025-09-23

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33816 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and Shri Anant Kumar Tiwari, learned counsel for respondents no.1 and 2. 2. The following prayer has been made in the present petition: "i) To issue writ, order or direction in the nature of mandamus directing to the respondent No.2 to issued passport in favour of petitioner as early as possible." 3. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner. 4. Shri Anant Kumar Tiwari, Advocate appearing on behalf of respondents no.1 and 2 has placed on record the written instructions received from the said respondents wherein the stand taken is that there is adverse police verification report against the petitioner in connection with Crime No.309 of 2019 under Sections 323 and 506 I.P.C. in which chargesheet has already been submitted. 5. It has been held by a Coordinate Bench in Writ-C No. 41540 of 2023 (Pawan Kumar Rajbhar vs. Union of India and 2 others) and other connected matters decided on 19.01.2024 that in such an event, it is open to the person concerned to seek no-objection from the jurisdictional criminal court in respect of grant of passport and the Regional Passport Officer shall act, accordingly. Versus Counsel for Petitioner(s) : Deepak Singh Yadav Counsel for Respondent(s) : Anant Kumar Tiwari, A.S.G.I., C.S.C. Manoj Kumar .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) 6. In view of the aforesaid position, we dispose of the writ petition with liberty to the petitioner to apply before the concerned court for no- objection and in case, the same is granted, the Regional Passport Officer shall proceed to take further action in the matter taking into notice the no- objection granted by the court. September 24, 2025 Ankit. WRIC No. 33816 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad