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2025 DAILYLAW 21415 (ALL)

OM PRAKASH YADAV v. UNION OF INDIA AND 5 OTHERS

WRIC/5202/2025 · 2025-02-20

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25712-DB Court No. - 29 Case :- WRIT - C No. - 5202 of 2025 Petitioner :- Om Prakash Yadav Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Chandra Kumar Rai,Devendra Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Rakesh Kumar Pandey Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Petitioner's application for re-issuance of passport apparently has been kept pending on account of his implication in a criminal case. 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 Case Crime No. 594 of 2003 u/s 323, 504, 506 I.P.C., P.S.- Gambhirpur, District- Azamgarh, cannot be a ground to deny re-issuance of passport to the petitioner. 2. 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-issuance 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. 3. Accordingly, the present writ petition is disposed of. Order Date :- 21.2.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad