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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34004 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Sri Sanjive Kumar Gupta, learned counsel for the petitioner and Sri Agam Narain Roy, learned counsel for the respondent Nos. 1 & 2 and learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner prays for a writ of mandamus to command the Regional Passport Officer, Bareilly, namely respondent No.- 2 to dispose of the pending application of the petitioner for grant of fresh passport. 3. It is contended that application has remained pending consideration only on account of pending criminal case against the petitioner but now since petitioner has been acquitted in the criminal case, firstly by the judgment and order passed on 1st August, 2021 by Additional Sessions Judge, Shahdara, New Delhi in S.C. No.- 42 of 2000 arising out of F.I.R. No.- 11 of 1999, under Sections 21/29/61/85 of N.D.P.S Act, Police Station - N.K. Market and secondly by the order of Additional Chief Judicial Magistrate, 2nd Budaun dated 5th April, 2022 arising out of a matrimonial dispute being Criminal Case No. 1147 of 2021 (State v. Jaheer and other others) under Sections 498-A, 323 and 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Bilsi, District- Budaun, his application for passport deserves to be granted. 4. Pet contra, it is argued by Sri Agam Narain Roy, learned panel counsel for the respondent Nos. 1 & 2 that petitioner before this Court ought to have supplied his documents along with an application before the Versus Counsel for Petitioner(s) : Sanjive Kumar Gupta Counsel for Respondent(s) : A.S.G.I., Agam Narain Roy, C.S.C. Ali Mohammad .....Petitioner(s) Union Of India And 2 Others .....Respondent(s)
Regional Passport Officer, Bareilly, who would be deciding the matter. 5.
In view of the above, this petition stands disposed of with a direction to the petitioner to furnish these judgments before the respondent No.- 2 within a period of four weeks from today along with an application stating therein that there is no other criminal case pending against him and in the event any such application is filed as directed herein above, the respondent No.- 2 shall verify the facts and thereafter dispose of the pending passport application of the petitioner within a further period of two months. October 9, 2025 Atmesh WRIC No. 34004 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad