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2025 DAILYLAW 56167 (ALL)

UTTAM RAJBHAR v. UNION OF INDIA AND 2 OTHERS

WRIC/14944/2025 · 2025-05-12

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78211-DB Court No. - 39 Case :- WRIT - C No. - 14944 of 2025 Petitioner :- Uttam Rajbhar Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Pradeep Kumar, learned advocate appears on behalf of petitioner and submits, his client has applied for issue of passport on application dated 23rd February, 2024. Copy of the online application receipt is at page no.18 (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. 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. 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 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. 6. The writ petition is disposed of. Order Date :- 13.5.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad