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2025 DAILYLAW 18651 (ALL)

AJAY KUMAR VISHWAKARMA v. UNION OF INDIA AND 4 OTHERS

WRIC/4245/2025 · 2025-02-14

Ashwani Kumar Mishra, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21359-DB Court No. - 29 Case :- WRIT - C No. - 4245 of 2025 Petitioner :- Ajay Kumar Vishwakarma Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Sanjeev Kumar Yadav Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. Heard learned counsel for the petitioner and Sri Krishna Kant Shukla, learned counsel for the respondent no.3. Petitioner's application for re-issue of passport apparently has been kept pending on account of his implication in Case Crime No.107 of 2017, under Section 323, 325, 452, 504, 506 IPC . 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 a criminal case cannot be a ground to deny re-issue of 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 re-issue 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. 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