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2025 DAILYLAW 21722 (ALL)

AHMAD BOKHARI v. UNION OF INDIA AND 3 OTHERS

WRIC/5318/2025 · 2025-02-20

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25631-DB Court No. - 29 Case :- WRIT - C No. - 5318 of 2025 Petitioner :- Ahmad Bokhari Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Mohd Hamid Counsel for Respondent :- C.S.C.,Ram Dular Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Sri Ram Dulare, Advocate has appeared for the respondents and has produced the instructions received from the respondents which are taken on record. 2. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in a criminal case where the petitioner has been bailed out. 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. 477 of 2024 under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, P.S.- Ramkola, District- Kushinagar, cannot be a ground to deny issuance of passport to the petitioner. 3. 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 can take a fresh decision in the matter relating to issuance of the petitioner's passport. 4. 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. 5. 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