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Neutral Citation No. - 2025:AHC:27924-DB Court No. - 29 Case :- WRIT - C No. - 3911 of 2025 Petitioner :- Mo. Adil Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Mohd Tazim,Shahzad Alam Counsel for Respondent :- A.S.G.I.,C.S.C.,Chandra Jeet Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.
1. Heard learned counsel for the petitioner and Mr. Chandrajeet Singh, learned counsel for respondent nos. 1 to 3.
2. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in a criminal case where the applicant 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.060 of 2018, under Sections 147, 323, 504, 427 and 506 I.P.C. and Sections 3 (1) da, 3 (1) dha, 3 (2) 5 ka S.C./S.T. Act, Police Station-Saraimeer, District-Azamgarh, cannot be a ground to deny 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 take a fresh decision in the matter relating to issuance of 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.
4. Accordingly, the present writ petition is disposed of. (Donadi Ramesh, J.) (Ashwani Kumar Mishra, J.)
Order Date :- 27.2.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad