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2025 DAILYLAW 35267 (ALL)

BEHAFU v. UNION OF INDIA AND 2 OTHERS

WRIC/10058/2025 · 2025-04-06

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49875-DB Court No. - 39 Case :- WRIT - C No. - 10058 of 2025 Petitioner :- Behafu Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- A.S.G.I.,Anju Srivastava,C.S.C. Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the petitioner and Anju Srivastava, learned counsel for the respondent- Union of India. 2. Petitioner's application for renewal of passport apparently has been kept pending on account of his implication in a criminal case wherein the Magistrate concerned has taken cognizance upon the charge-sheet and the matter is pending before him. 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 Nos.103 of 2021 and 245 of 2020 cannot be a ground to deny renewal of passport to the petitioner. 3. 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 renewal 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. 4. Accordingly, the present writ petition is disposed of. Order Date :- 7.4.2025 GS (Dr. Y.K. Srivastava, J.) (Siddhartha Varma, J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad