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2025 DAILYLAW 47796 (ALL)

DHARM RAJ YADAV v. UNION OF INDIA AND 4 OTHERS

WRIC/12692/2025 · 2025-04-27

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65523-DB Court No. - 39 Case :- WRIT - C No. - 12692 of 2025 Petitioner :- Dharm Raj Yadav Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Sitaram Yadav Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Rupesh Srivastava, learned advocate holding the brief appears on behalf of petitioner and submits, passport of his client has expired. He applied for re- issue. Respondent no.5 has refused, failed and neglected to submit the police verfication report, which is why the renewal has been held up. He seeks interference. 2. Mr. Vaibhav Tripathi, learned advocate appears on behalf of Union of India. Mr. Ashim Mukerjee, learned advocate Standing Counsel appears on behalf of State. 3. In regarding issuance/re-issuance of passport, a co- ordinate Bench in Writ-C no. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India and two others), inter alia, in paragraph nos. 21 and 29. 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.3 or any other is directed to forthwith deal with the application of petitioner, for reissue of passport in terms of Pawan Kumar Rajbhar's case (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 :- 28.4.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad