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2025 DAILYLAW 193544 (ALL)

PUSHPA MISHRA v. UNION OF INDIA AND ANOTHER

WRIC/30478/2025 · 2025-10-08

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30478 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Learned counsel for the petitioner prays for and is permitted to correct the relief clause of the petition. 2. Heard Shri Santosh Kumar Shukla, learned counsel appearing for the petitioner, Ms. Pooja Agarwal, learned Standing Counsel appearing for respondent no.1 and 2. 3. By means of this writ petition filed under Article 226 of the Constitution, petitioner seeks a writ in the nature of mandamus to command the Regional Passport Office, Lucknow to consider and dispose of the pending application for grant of passport moved by the petitioner. 4. It is contended that petitioner though was implicated in a criminal case being F.I.R. No.0283 of 2018, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, but when report was submitted under Section 173(2) Cr.P.C., his name has not figured as the police did not find any evidence regarding commission of crime at the end of the petitioner and hence, petitioner stands exonerated from the criminal case. 5. It is thus contended that since there is no case pending against the petitioner, the Regional Passport Officer should dispose of the pending application for grant of passport moved by the petitioner. 6. Ms. Pooja Agarwal, learned Standing Counsel submits that the passport application of the petitioner is still pending disposal and, therefore, the petitioner should move the copy of the charge-sheet before the Regional Versus Counsel for Petitioner(s) : Santosh Kumar Shukla Counsel for Respondent(s) : A.S.G.I., Pooja Agarwal Pushpa Mishra .....Petitioner(s) Union Of India And Another .....Respondent(s) Passport Officer, Lucknow accompanied by a certified copy of this order which may be looked into and considered and appropriate decision may be taken by the Regional Passport Officer in accordance with law. 7. 7. In view of the above, we dispose of this writ petition with the direction to the petitioner to move an application before the Regional Passport Officer, Lucknow annexing therewith the copy of the charge-sheet and also the certified copy of this order within a period of two weeks from today and in the event he moves such an application, upon due verification by the Regional Passport Officer, Lucknow he shall process the application of the petitioner for grant of passport and will ensure that the needful is done in the matter within a maximum period of two months thereafter. October 9, 2025 Shiv WRIC No. 30478 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad