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2025 DAILYLAW 23278 (ALL)

AMIRUDDIN v. STATE OF U.P. AND 3 OTHERS

WRIC/5872/2025 · 2025-03-05

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32867-DB Court No. - 29 Case :- WRIT - C No. - 5872 of 2025 Petitioner :- Amiruddin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Sajjad Husain Counsel for Respondent :- A.S.G.I.,C.S.C.,Sunil Sharma Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard Shri Syed Sajjad Husain, learned counsel for the petitioner and Shri Sunil Sharma, learned counsel for the respondent. Petitioner's application for renewal of passport apparently has been kept pending on account of his implication in a criminal case i.e. Case Crime No.0708 of 2018, under Sections- 147, 148, 149, 307, 427, 323, 504, 506, 452, 436, 353, 332 of IPC, Police Station- Gulharia, District- Gorakhpur. 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 a criminal case cannot be a ground to deny renewal of passport to the petitioner. 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. Accordingly, the present writ petition is disposed of. Order Date :- 6.3.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad