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2025 DAILYLAW 103885 (ALL)

KULDEEP JAISWAL v. UNION OF INDIA AND ANOTHER

WRIC/34046/2024 · 2025-02-11

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19940-DB Court No. - 29 Case :- WRIT - C No. - 34046 of 2024 Petitioner :- Kuldeep Jaiswal Respondent :- Union Of India And Another Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- A.S.G.I.,Chandra Bhushan Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner and Sri Arvind Kumar Goswami, learned counsel for the respondents. 2. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in a criminal case where the petitioner has been bailed out. 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.), in order to contend that mere pendency of Case Crime No.558 of 2009 cannot be a ground to deny issuance of passport to the petitioner. 3. 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 can take a fresh decision in the matter relating to issuance of the petitioner's passport. 4. 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. 5. Accordingly, the present writ petition is disposed of. Order Date :- 11.2.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad