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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34697 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Ms Sakshi Srivastava, learned counsel for the petitioner, Sri Deepak Singh, learned panel counsel appearing for contesting respondent and learned Standing Counsel for the State and perused the record. 2. By means of this writ petition filed under Article 226 of the Constitution, petitioner seeks a writ in the nature of mandamus to command respondent no. 2 to release the passport in favour of the petitioner. 3. It is contended that the petitioner was made to deposit the passport with the passport authority only for the proceedings drawn against the petitioner for impounding the passport on account of pending criminal case. It is further contended that in view of the judgment of Division Bench of this Court in case of Pawan Kumar Rajbhar vs. Union of India & 2 Others (Neutral Citation No. 2024:AHC:9963-DB), merely because the criminal case is pending, the passport officer is not justified in impounding the passport. 4. Per contra, it is submitted by learned panel counsel that for the purpose of release of the passport, the petitioner is required to obtain no objection/sanction/approval from the concerned criminal law court, where the trial is going on against the petitioner for traveling abroad and in the even petitioner gets such no objection/sanction/approval from the concerned criminal law court, the petitioner may furnish the same before the passport authority, and the passport authority thereafter shall proceed to pass an appropriate order in the light of the judgment of Division Bench. Versus Counsel for Petitioner(s) : Kamlakar Pal, Sakshi Srivastava Counsel for Respondent(s) : A.S.G.I., Deepak Singh Sushil Kumar Gupta .....Petitioner(s) Union Of India And Another .....Respondent(s)
5. In view of the above, we dispose of this writ petition with a direction to the petitioner to obtain requisite no objection/sanction/approval from the concerned criminal law court to travel abroad and if the petitioner does so by moving application within a period of four weeks, the trial court shall proceed to pass appropriate order thereupon within a further period of one month.
It is after obtaining such order from the trial court that petitioner shall move an appropriate application before the Regional Passport Officer for release of the passport and upon such an application being moved, the Regional Passport Officer shall proceed to pass final order in the matter of released of the passport of the petitioner, as expeditiously as possible. October 13, 2025 #Vikram/- WRIC No. 34697 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad