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Neutral Citation No. - 2025:AHC:125924-DB Court No. - 21 Case :- WRIT - C No. - 7043 of 2025 Petitioner :- Ajay Kumar Agarwal Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Rajendra Singh Chauhan Counsel for Respondent :- A.S.G.I.,Ashutosh Kumar Mishra,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Sri Rajendra Singh Chauhan, learned counsel for the petitioner, Sri Ashutosh Kumar Mishra, learned counsel for the respondent Nos. 1 and 2 and leaned Standing Counsel for the State-respondents.
2. The prayer made in the instant writ petition is for issuing a writ of mandamus directing respondent No.2 to issue passport to the petitioner on the basis of application dated14.02.2023.
3. Sri Ashutosh Kumar Mishra, learned counsel appearing for respondent No.1 and 2 has placed on record the instructions received from the Passport Officer, Passport Office, Bareilly, accordingly to which, there was an adverse police report against the petitioner and since, the petitioner did not submit any clarification in regard thereto for last two years, therefore, the file was closed on 18.02.2025.
4. Learned Standing Counsel has also placed on record the instructions received from the police authorities, according to which, the petitioner has been charge-sheeted on 14.05.2022 in Case Crime No.1281 of 2018.
5. Admittedly, criminal case is pending against the petitioner and file has been closed on account of non-submission of clarification by the petitioner. Therefore, the prayer made in the petition cannot be granted.
6. We leave it open to the petitioner to apply afresh application for grant of passport with his explanation in regard to the criminal
case and no-objection from the concerned court in terms of
judgment laid down by a Co-ordinate Bench of this Court in Pawan Kumar Rajbhar Vs. Union of India and others passed in Writ-C No.41540 of 2023, if so advised.
7. Accordingly, the writ petition stands disposed of.
Order Date :- 29.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad