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2025 DAILYLAW 17334 (ALL)

MOHAMMAD NASEEM KHAN v. STATE OF U.P. AND 4 OTHERS

WRIC/3922/2025 · 2025-03-16

Ashwani Kumar Mishra, Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37294-DB Court No. - 29 Case :- WRIT - C No. - 3922 of 2025 Petitioner :- Mohammad Naseem Khan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Maurya Counsel for Respondent :- A.S.G.I.,C.S.C.,Gambhir Tripathi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned counsel for the Union of India and learned Standing Counsel for the State. Petitioner's application for issuance/re-issuance of passport apparently has been kept pending on account of his implication in criminal cases i.e. Case Crime No.190 of 2007, under Section 307, 419,420,467, 468,471 IPC and Section 7 of Criminal Law Amendment Act Police Station Phulpur, District Azamgarh, Case Crime No.191 of 2007, under Section 3/7/25 Arm's Act, Police Station Phulpur, District Azamgarh and Case Crime No.233 of 2007, under Section 3 (1) of U.P. Gangester Act, Police Station Phulpur, District Azamgarh. 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 aforesaid criminal cases cannot be a ground to deny passport to the petitioner. 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 /re-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. Accordingly, the present writ petition is disposed of. Order Date :- 17.3.2025 Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad