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2025 DAILYLAW 22268 (ALL)

ASHFAQUE ANSARI v. UNION OF INDIA AND ANOTHER

WRIC/5557/2025 · 2025-03-04

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31737-DB Court No. - 29 Case :- WRIT - C No. - 5557 of 2025 Petitioner :- Ashfaque Ansari Respondent :- Union Of India And Another Counsel for Petitioner :- Bushra Maryam,Mohd. Shurjeel Najam Counsel for Respondent :- A.S.G.I.,Satendra Kumar Upadhyay Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and 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 three criminal cases, i.e., Criminal Case No. 192122 of 2023, under Sections 409, 420, 506, police station Bekanganj, District Kanpur Nagar; Case Crime No. 961 of 2021 under Section 323, 504, 506, 353, 186 I.P.C., police station Chakeri, District Kanpur Nagar and Case Crime No. 151 of 2021 under Sections 406, 323, 504, 506 IPC, Police Station Bajariya, District Kanpur Nagar. 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