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2025 DAILYLAW 110721 (ALL)

ARVIND YADAV v. THE UNION OF INDIA AND 3 OTHERS

WRIC/41075/2024 · 2025-03-10

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35620-DB Court No. - 29 Case :- WRIT - C No. - 41075 of 2024 Petitioner :- Arvind Yadav Respondent :- The Union Of India And 3 Others Counsel for Petitioner :- Ranjeet Asthana Counsel for Respondent :- A.S.G.I.,C.S.C.,Dharmendra Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Sri Dharmendar Singh, learned counsel for the respondents. This petition was entertained vide following orders passed on 27.02.2025: ".1 Although notices are received in the matter by the office of Assistant Solicitor General of India but none appears on behalf of respondents even when the matter is taken up in the revised list. 2. Grievance of the petitioner in respect of issuance of passport is pending for the last two years. 3. In the facts of the case, we direct the respondent no.2 Regional Passport Officer, Lucknow to explain as to why petitioner's application for issuance of passport is kept pending for so long. 4. The order passed today shall be intimated to the respondent no.2 by the Registrar (Compliance) of this Court. 5. Post as fresh on 11.03.2025." Instructions have been obtained by Sri Dharmendra Singh representing the passport authorities, according to which criminal proceedings are pending against the petitioner in Case Crime No.176 of 2022 under Sections 323, 506 IPC. It is stated that show cause notice was also issued to the petitioner on 27.02.2023 which has not been replied. In the facts of the case, we are of the view that the petitioner may approach the concerned court where proceedings are pending and obtain no objection certificate in terms of the 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.176 of 2022 under Sections 323, 506 IPC, cannot be a ground to deny issuance of passport to the petitioner. In that view of the matter, 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 may take a fresh decision in the matter relating to issuance 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 :- 11.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad