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2025 DAILYLAW 30887 (ALL)

LAKHI CHANDRA v. UNION OF INDIA AND ANOTHER

WRIC/8109/2025 · 2025-03-19

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40982-DB Court No. - 29 Case :- WRIT - C No. - 8109 of 2025 Petitioner :- Lakhi Chandra Respondent :- Union Of India And Another Counsel for Petitioner :- Shri Niwash Yadav Counsel for Respondent :- A.S.G.I. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in 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. 0622 of 2020, under Sections 147, 323, 504, 506 IPC, P.S. Ghosi, District Mau and Case Crime No. 0035 of 2017, under Sections 419, 420, 467, 468, 471, 504, 506 IPC P.S. Ghosi, District Mau, cannot be a ground to deny issuance of passport to the petitioner. It is submitted that in Case Crime No. 0035 of 2017, under Sections 419, 420, 467, 468, 471, 504, 506 IPC P.S. Ghosi, District Mau final report has been submitted by the Investigating Officer on 21.3.2017. 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. Sri Om Prakash Gupta, Advocate has appeared for Union of India. Order Date :- 20.3.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad