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2025 DAILYLAW 57757 (ALL)

SANTOSH PRATAP v. UNION OF INDIA AND ANOTHER

WRIC/15380/2025 · 2025-05-20

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85418-DB Court No. - 39 Case :- WRIT - C No. - 15380 of 2025 Petitioner :- Santosh Pratap Respondent :- Union Of India And Another Counsel for Petitioner :- Saumya Mishra,Tejasvi Misra Counsel for Respondent :- A.S.G.I. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Ishan Mehta, learned advocate holding the brief appears on behalf of petitioner and submits, pursuant to application made, his client's passport was made ready. However, his client received intimation dated 27th November, 2024 saying, the passport cannot be given to him by reason Case Crime no. 633 of 2020 under several sections in Indian Penal Code, 1860, is pending. There has been requisition to produce order from Court permitting his client to depart from India. On query Mr. Mehta submits, his client does not have present plan to go abroad but, when he intends to go, he will approach the Court for 'no objection certificate' (N.O.C.). Meanwhile, under order dated 22nd April, 2022, made by a learned single Judge of this Court in Application U/s 482 no. 29654 of 2021 (Naresh Choker and 8 others vs. State of U.P. and another), the criminal case stands stayed. 2. None appears on behalf of Union of India in revised call. 3. Two co-ordinate Benches of this Court have dealt with the situation by order dated 25th June, 2024, in Writ C no. 5587 of 2024 (Umapati Vs. Union of India through Secretary Ministry of External Affairs New Delhi and three others) and by order dated 19th January, 2024 in Writ C no. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India and two others). As such, there is no impediment for petitioner to be given his passport. 4. Petitioner will communicate certified copy of this order to respondent no.2. On the communication, said respondent will take steps for delivery of the passport to petitioner unless there are other separate reason (s) to still withhold it. In case of withholding the passport, the reason (s) be informed to petitioner within three weeks of communication. 5. The writ petition is disposed of. Order Date :- 21.5.2025 Mohini (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad