Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 18072 (ALL)

RAGHVENDRA KUSHWAHA v. UNION OF INDIA AND 3 OTHERS

WRIC/4665/2025 · 2025-03-04

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:32550-DB Court No. - 29 Case :- WRIT - C No. - 4665 of 2025 Petitioner :- Raghvendra Kushwaha Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Kuldeep Maurya,Vinod Kumar Singh Counsel for Respondent :- A.S.G.I. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner's passport has apparently been impounded. Petitioner was issued a notice under Section 10(3)(b) and 10(3)(c) of Passport Act by the Consulate General of India at Dubai. It is alleged that petitioner was deported to India by the Consulate Authority and his passport has apparently been impounded. It is stated that petitioner has been falsely implicated in the solitary case and, therefore, impounding of petitioner's passport is bad in law. The criminal case arises out of Case Crime No. 767 of 2013 under Section 323, 504, 506 I.P.C., pending before Court No. 19, A.C.J.M., Deoria. Although notice of this petition is received by the Additional Solicitor General of India but no one appears on his behalf even when the mater is taken up in the revised list. 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 criminal proceeding is pending for grant of no objection certificate 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 :- 5.3.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad