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2025 DAILYLAW 47958 (ALL)

YASMIN v. UNION OF INDIA AND 2 OTHERS

WRIC/12524/2025 · 2025-04-24

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63643-DB Court No. - 29 Case :- WRIT - C No. - 12524 of 2025 Petitioner :- Yasmin Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Smriti Srivastava,Vinit Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Sunil Sharma Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioner, Shri Sunil Sharma, 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 two criminal cases. In the first Case Crime No. 378 of 2023, under Section 363 IPC, Police Station Khukhundu, District Deoria the closure report submitted by the police has already been accepted and in the second Case Crime No. 4 of 2018 under Sections 323, 504, 506 IPC, Police Station Khukhundu, District Deora investigation is going on. 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, the closure report submitted in Case Crime No. 378 of 2023 has already been accepted by the court concerned. In respect of Case Crime No. 4 of 2018 we permit the petitioner to approach the concerned court where such 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 :- 25.4.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad