Neutral Citation No. - 2025:AHC:80834-DB Court No. - 39 Case :- WRIT - C No. - 15368 of 2025 Petitioner :- Subhan Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Shahabuddin,Zia Uddin Counsel for Respondent :- A.S.G.I.,C.S.C.,Dinesh Kumar Misra Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Zia Uddin, learned advocate appears on behalf of petitioner and submits, his client has applied for issue of passport on application dated 5th November, 2024. Copy of the online application receipt is at page no.15 (Annexure no.1). In spite thereof, the passport has not been reissued. 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 27. 3. Mr. Dinesh Kumar Misra, learned advocate, Standing Counsel appears on behalf of Union of India and submits, clarification was sought from petitioner regarding pendency of criminal cases against him. It has not been provided. He submits, State has not been made party. 4. State is neither necessary nor proper party since re-issuance of passport is in domain of respondents, who in this case are Union of India and, inter alia, Regional Passport Office. 5. 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. 6. Petitioner will submit the clarification sought. He says that he is abroad. The passport authority, having particulars of the criminal case will, ascertain whether there is any order passed by the Court requiring presence of petitioner. If so, necessary document for petitioner to be able to travel back to India must be issued. Otherwise concerned respondent as may be respondent no.2 or any other is directed to forthwith deal with the application of petitioner, for issue 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 issued within aforesaid period. 7. The writ petition is disposed of. Order Date :- 15.5.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad