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2025 DAILYLAW 21543 (ALL)

SURENDRA YADAV v. UNION OF INDIA AND 3 OTHERS

WRIC/5255/2025 · 2025-02-20

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25702-DB Court No. - 29 Case :- WRIT - C No. - 5255 of 2025 Petitioner :- Surendra Yadav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Ashutosh Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Petitioner's application for renewal 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 two cases being Complaint Case No. 3901 of 2021 u/s 323, 504, 506, 427 I.P.C., P.S.- Nebua Naurangiya, District- Kushi Nagar and Case Crime No. 352 of 2016 u/s 323, 325, 504, 452, 427 I.P.C., P.S.- Nebua Naurangiya, District- Kushi Nagar, cannot be a ground to deny renewal 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 renewal 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