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2025 DAILYLAW 12198 (ALL)

JAVED ALAM v. UNION OF INDIA AND 4 OTHERS

WRIC/2593/2025 · 2025-02-12

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21943-DB Court No. - 29 Case :- WRIT - C No. - 2593 of 2025 Petitioner :- Javed Alam Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Shahzad Alam Counsel for Respondent :- A.S.G.I.,C.S.C.,Sunil Sharma Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. Heard learned counsel for the petitioner and Sri Sunil Sharma, learned counsel for the respondents. Grievance of the petitioner is that his application for renewal of passport is kept pending on account of his implication in Case Crime No.769 of 2008, under Sections 143, 341, 120-B IPC and Case Crime No.389 of 2009, under Sections 143, 341, 427 IPC, Section 7 of C.L.A. Act and Section 2,3,5 of Prevention of Damage to Public Property Act, Police Station Nizamabad, District Azamgarh. Prayer is made to command the respondent to issue passport in favour of the petitioner. A Division Bench of this Court in Pawan Kumar Rajbhar vs. Union of India & 2 Ors. in Writ C No.41540 of 2023, decided on 19.1.2024 has examined the statutory scheme with respect of issuance of passport and has observed that in cases where criminal proceeding is pending it would be the appropriate court which would be in a better position to consider the question as to whether issuance of passport would be desirable in view of the pendency of criminal proceedings. 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 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. With the above observation/direction, the writ petition stands disposed of. Order Date :- 13.2.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad