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2025 DAILYLAW 39999 (ALL)

BANTI GIRI v. UNION OF INDIA AND 3 OTHERS

WRIC/10694/2025 · 2025-04-09

S Q H Rizvi, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52941-DB Court No. - 39 Case :- WRIT - C No. - 10694 of 2025 Petitioner :- Banti Giri Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Suneel Kumar Yadav Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Mr. Saurabh Gupta, holding brief of Mr. Suneel Kumar Yadav, learned advocate appears on behalf of petitioner and submits, his client has applied for issuance of passport on application dated 19.02.2021. Copy of the online application receipt is at page no.23 (annexure no.2). In spite thereof, the passport has not been issued. This is purportedly because criminal cases are pending in which his client is involved. 2. He relies on order dated 19.1.2024 of co-ordinate Bench in a batch of writ petitions, leading case being Writ-C no. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India and two others), paragraph nos. 21 and 29. 3. Mr. Dharmendra Singh, learned advocate, Standing Counsel appears on behalf of Union of India and on query submits, he does not have instructions as to whether there has been appeal preferred to the Supreme Court against Pawan Kumar Rajbhar (supra). 4. Co-ordinate Bench in paragraph 21 of Pawan Kumar Rajbhar (supra) recorded fair statement made by learned Additional Solicitor General of India (A.S.G.I.) that there is no reason to withhold issuance, renewal or reissue of a passport. Furthermore, in paragraph 27 of the co-ordinate Bench discussed pendency of criminal case or cases or FIR registered, in which applicant, inter alia, for reissuance of passport has been mentioned as accused. There again fair statement made by learned A.S.G.I. was recorded, regarding cases where any NCR may be registered, the necessary passport may be issued, reissued, renewed, as the case may be, without any delay. No permission may be sought or required from the competent court of criminal jurisdiction, in those cases. 5. The view as was taken by co-ordinate Bench covers petitioner's claim in the writ petition. Concerned respondent as may be respondent no.2 or any other is directed to forthwith deal with the application of petitioner, for reissue of passport in terms of Pawan Kumar Rajbhar (supra). In event the application is to be rejected, petitioner must be informed of the reasons within four weeks of communication of certified copy of this order. It goes without saying, otherwise the passport must be reissued within aforesaid period. 6. The writ petition is disposed of. Order Date :- 10.4.2025 Abhishek Sri. (Arindam Sinha,J.) (S.Q.H.Rizvi,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad