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2025 DAILYLAW 18610 (ALL)

MOHAMMAD JAID v. UNION OF INDIA AND 4 OTHERS

WRIC/4249/2025 · 2025-02-14

Ashwani Kumar Mishra, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21288-DB Court No. - 29 Case :- WRIT - C No. - 4249 of 2025 Petitioner :- Mohammad Jaid Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Sanjeev Kumar Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Krishna Ji Shukla Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. Petitioner's application for issuance of fresh passport apparently has been kept pending on account of his implication in criminal cases pending against him, as a result of which police verification report has not been submitted. Counsel for the petitioner submits that in two cases the petitioner has already been acquitted i.e. Case Crime No.54 of 2020, under Section 323, 427, 504, 506 and 353 IPC as well as in Case Crime No.237 of 2017, under Section 147, 148, 323, 504, 506, 354, 452 IPC. In one of the other cases i.e. Case Crime No.110 of 2020 a final report has been submitted. It is only in one of the cases i.e. Case Crime No.26 of 2022 that the case has remained pending. Counsel for the petitioner further submits that the cases where acquittal orders have been passed in favour of petitioner, no cognizance can be taken of it for denial of passport to the petitioner. So far as the remaining two matters, where closure report is submitted or the matter is pending before the concerned court, is concerned, the petitioner may approach the court concerned for issuance necessary no objection certificate in terms of law laid down in Writ - C No. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India & 2 Ors.). This is particularly so, as the final report is not shown to have been accepted by the court concerned. In the facts of the case, we permit the petitioner to approach the concerned court where the aforesaid two cases are 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 fresh 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 :- 14.2.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad