REKHA MISRA AND ANOTHER v. UNION OF INDIA AND 2 OTHERS
WRIC/7738/2025 · 2025-03-17
Ashwani Kumar Mishra, Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30354 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30354 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:38430-DB Court No. - 29 Case :- WRIT - C No. - 7738 of 2025 Petitioner :- Rekha Misra And Another Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Abhishek Mishra,Prakhar Pandey Counsel for Respondent :- A.S.G.I.,C.S.C.,Kuldeep Singh Chauhan Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Although, the petition has been filed at the instance of two persons, since passport has already been issued to petitioner no.1, the grievance only survives in respect of petitioner no. 2. Application of petitioner no. 2 for re-issuance of passport apparently has been kept pending on account of his implication in a criminal case. 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. 624 of 2020, under Sections 147, 148, 149, 323, 504, 506, 341, 352 and 394 IPC, cannot be a ground to deny re-issuance of passport to the petitioner no.2. In the facts of the case, we permit the petitioner no. 2 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 re-issuance of the petitioner's passport. Petitioner no.2, 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 :- 18.3.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad