ANUPAMA BRAHMACHARY v. UNION OF INDIA AND 2 OTHERS
WRIC/15776/2025 · 2025-10-05
Saral Srivastava, Sudhanshu Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59133 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59133 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 15776 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned counsel for the State- respondents. 2. The petitioner by means of present writ petition has prayed for following relief:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 19.09.2022 passed by the Regional Passport Officer/Respondent no. 3 and reissue a new passport to the petitioner. (ii) Issue a writ, order or direction in the nature of mandamus directing to direct the respondent no. 3 to decide the application dated 01.09.2022 moved by the petitioner within stipulated period as fixed by this Court. (iii) Issue any other order or direction in which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case"
3. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in one Criminal Case arising out of Case Crime No.0809 of 2015, under Section 447 I.P.C., Police Station- Dhoomanganj, District- Allahabad, and in the said case, final report bearing FR No. 119/16 dated 11.05.2016 has been submitted. 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 & others), in order to contend that mere pendency of criminal cases cannot be a ground to deny issuance of passport to the petitioner. Versus Counsel for Petitioner(s) : Himanshu Shekhar Tripathi, Sourabh Pandey Counsel for Respondent(s) : A.S.G.I., C.S.C., Pankaj Kumar Anupama Brahmachary .....Petitioner(s) Union Of India And 2 Others .....Respondent(s)
4. 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 can take a fresh decision in the matter relating to issuance of the petitioner's passport. 5. 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. 6. Accordingly, the present writ petition is disposed off.
October 6, 2025 Anjali WRIC No. 15776 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad