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2025 DAILYLAW 17339 (ALL)

RUPESH SINGH v. UNION OF INDIA AND 2 OTHERS

WRIC/4095/2025 · 2025-03-06

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33853-DB Court No. - 29 Case :- WRIT - C No. - 4095 of 2025 Petitioner :- Rupesh Singh Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Bhaskar Singh,Sunil Kumar Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Sanjay Dwivedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Shri Sanjay Dwivedi, learned counsel for the respondent. Petitioner appears to have issued a show cause notice by the passport authorities on the ground that he is implicated in Case Crime No.602 of 2017, under Sections- 147, 148, 336, 323, 427 I.P.C., Police Station- Gadwar, District- Ballia. According to petitioner he has been falsely implicated in the aforesaid case. Since no conviction has taken place passport cannot be impounded or revoked. In the facts of the case, we permit the petitioner to approach the concerned court for grant of no objection certificate keeping in the view the law laid down in Writ - C No. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India & 2 Ors.). If the petitioner approaches the concerned court alongwith such application, we direct the concerned court to pass appropriate orders within a period of four weeks. Based upon the order passed by the competent court in respect of issuance of no objection certificate, the petitioner shall be at liberty to approach the passport authorities for necessary action in the matter. Accordingly, the present writ petition is disposed of. Order Date :- 7.3.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad