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2025 DAILYLAW 25263 (ALL)

MUNEEL v. UNION OF INDIA AND 4 OTHERS

WRIC/6273/2025 · 2025-03-03

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30305-DB Court No. - 29 Case :- WRIT - C No. - 6273 of 2025 Petitioner :- Muneel Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Ms. Anita Srivastava, learned counsel for the respondent nos.1 to 3. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in N.C.N. No. 139 of 2019, under Section 323 IPC, Police Station Khalilabad, District Sant Kabir Nagar. 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 issuance 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 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. Accordingly, the present writ petition is disposed of. Order Date :- 4.3.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad