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2025 DAILYLAW 23960 (ALL)

VISHAL BHARTI v. UNION OF INDIA AND 2 OTHERS

WRIC/5927/2025 · 2025-02-26

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27954-DB Court No. - 29 Case :- WRIT - C No. - 5927 of 2025 Petitioner :- Vishal Bharti Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Arvind Kumar Yadav Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and Mr. Tapeshwar Prasad Gupta, learned counsel for respondents. 2. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in a criminal case where the applicant 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.35 of 2015, under Sections 427, 504, 325, 323, 452 and 147 I.P.C., Police Station-Bardah, District-Azamgarh, cannot be a ground to deny 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 take a fresh decision in the matter relating to issuance of 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. 4. Accordingly, the present writ petition is disposed of. (Donadi Ramesh, J.) (Ashwani Kumar Mishra, J.) Order Date :- 27.2.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad