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2025 DAILYLAW 25285 (ALL)

IMRAN ANSARI v. UNION OF INDIA AND 2 OTHERS

WRIC/6636/2025 · 2025-03-05

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32832-DB Court No. - 29 Case :- WRIT - C No. - 6636 of 2025 Petitioner :- Imran Ansari Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Anoop Kumar Dubey,Surabhi Chandra 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, Ms. Anju Srivastava, learned counsel for the authorities of Union of India and learned Standing Counsel for the State. 2. Petitioner's application for fresh/re-issue of passport apparently has been kept pending on account of his implication in a criminal case registered as Case Crime No. 0366 of 2020, under Sections 323, 504, 506 IPC, 3(1)(d), 3(1)(dh) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Ramkola, District Kushinagar. 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.112 of 2024 cannot be a ground to deny issuance of 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 fresh/re-issue 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. 4. Accordingly, the present writ petition is disposed of. Order Date :- 6.3.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad