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2025 DAILYLAW 36562 (ALL)

MOHD AZEEM v. UNION OF INDIA AND 2 OTHERS

WRIC/9817/2025 · 2025-04-04

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48667-DB Court No. - 29 Case :- WRIT - C No. - 9817 of 2025 Petitioner :- Mohd Azeem Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Gaurav Gupta Counsel for Respondent :- A.S.G.I.,Akhilesh Kumar Srivastava,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner, Shri Akhilesh Kumar Srivastava, learned counsel for the Union of India and learned Standing Counsel for the State. 2. Petitioner's application for issuance/re-issuance of passport apparently has been kept pending on account of his implication in criminal cases i.e. Case Crime No. 436 of 2020, under Sections 394 IPC, Police Station Nigohi, District Shahjahanpur and Case Crime No. 1 of 2021 under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Nigohi, District Shahjahanpur. 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 aforesaid criminal case cannot be a ground to deny 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 issuance/re-issuance of 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 :- 5.4.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad