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Neutral Citation No. - 2025:AHC:39501-DB Court No. - 29 Case :- WRIT - C No. - 7954 of 2025 Petitioner :- Faizan Ahmad Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Ravindra Kumar Yadav,Sandeep Kumar Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Umesh Chandra Tripathi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Umesh Chandra Tripathi for the respondent Nos. 1 & 5. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in a criminal cases. 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. 0017 of 2017, under Sections 352, 506, 504, 323 IPC and Case Crime No. 225 of 2017, under Sections 147, 294, 504, 506, 427 IPC, Police Station - Bilariyaganj, District Azamgarh, 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 :- 19.3.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad