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2025 DAILYLAW 48182 (ALL)

VISHAL KUMAR YADAV v. UNION OF INDIA AND 3 OTHERS

WRIC/12533/2025 · 2025-04-24

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63616-DB Court No. - 29 Case :- WRIT - C No. - 12533 of 2025 Petitioner :- Vishal Kumar Yadav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Atal Bihari Tripathi,Saurabh Kumar Bhargava Counsel for Respondent :- A.S.G.I.,C.S.C.,Sanjay Dwivedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Heard learned counsel for the petitioner and Sri Sanjay Dwivedi, learned counsel for the respondents. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in Case Crime No.138 of 2020, under Section 323, 504, 506, 427 IPC, Police Station Bhatani, District Deoria. 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 a criminal case cannot be a ground to deny issuance of passport to the petitioner. 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 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. Accordingly, the present writ petition is disposed of. Order Date :- 25.4.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad