Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 31634 (ALL)

MOHAMMAD REHAN v. UNION OF INDIA AND ANOTHER

WRIC/8272/2025 · 2025-03-20

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:41730-DB Court No. - 29 Case :- WRIT - C No. - 8272 of 2025 Petitioner :- Mohammad Rehan Respondent :- Union Of India And Another Counsel for Petitioner :- Seraj Ahmad,Shibli Naseem Counsel for Respondent :- A.S.G.I. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Sri Sanjay Dwivedi, learned counsel for the respondents. The petitioner had earlier filed Writ-C No.41565 of 2024 which was disposed of vide following orders passed on 13.2.2025:- "Heard learned counsel for the petitioner and Sri Manav Chaurasia, learned counsel for the respondents. Grievance of the petitioner is that his application for issuance of passport is kept pending on account of his implication in Case Crime No.211 of 2020, under Sections 147, 323, 504, 506, 427 IPC, Police Station Deedar Ganj, District Azamgarh. Prayer is made to command the respondent to issue passport in favour of the petitioner. A Division Bench of this Court in Pawan Kumar Rajbhar vs. Union of India & 2 Ors. in Writ C No.41540 of 2023, decided on 19.1.2024 has examined the statutory scheme with respect of issuance of passport and has observed that in cases where criminal proceeding is pending it would be the appropriate court which would be in a better position to consider the question as to whether issuance of passport would be desirable in view of the pendency of criminal proceedings. 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. With the above observation/direction, the writ petition stands disposed of." The petitioner has now approached this Court stating that yet another case is pending against him being Case Crime No.0146 of 2023, under Sections 323, 504, 506 IPC, Police Station Deedar Ganj, District Azamgarh. It was expected that when the petitioner filed the earlier petition he ought to have disclosed the pendency of other cases also. Nevertheless, we are of the view that the course suggested in our earlier order would be available to the petitioner to be followed in respect of the other criminal case also being Case Crime No.0146 of 2023. Keeping in view the above, this petition is also disposed of, on the terms of the previous adjudication. Order Date :- 21.3.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad