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2025 DAILYLAW 22016 (ALL)

SANTOSH KUMAR v. UNION OF INDIA AND 2 OTHERS

WRIC/5581/2025 · 2025-03-04

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31768-DB Court No. - 29 Case :- WRIT - C No. - 5581 of 2025 Petitioner :- Santosh Kumar Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Charan Singh,Dilnawaz Ahmad Khan Counsel for Respondent :- A.S.G.I.,Arvind Nath Agrawal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Sri Arvind Nath Agrawal, learned counsel for the respondents. Grievance of the petitioner is that his application for re-issuance of passport is kept pending on account of his implication in N.C.R. No. 93 of 2019, under Sections 323, 504 I.P.C., Police Station Jiyanpur, District Azamgarh. Prayer is made to command the respondent to issue passport in favour of the petitioner. A Division Bench of this Court in Pawan Kumar Rajbhar vs. Union of India & 2 Ors. in Writ C No.41540 of 2023, decided on 19.1.2024 has examined the statutory scheme with respect of issuance of passport and has observed that in cases where criminal proceeding is pending it would be the appropriate court which would be in a better position to consider the question as to whether issuance of passport would be desirable in view of the pendency of criminal proceedings. 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. With the above observation/direction, the writ petition stands disposed of. Order Date :- 5.3.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad