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2025 DAILYLAW 60335 (ALL)

DEEPCHAND SINGH v. UNION OF INDIA AND 2 OTHERS

WRIC/18891/2025 · 2025-07-17

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116786-DB Court No. - 21 Case :- WRIT - C No. - 18891 of 2025 Petitioner :- Deepchand Singh Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Kamalesh Kumar Nishad,Ram Awadh Maurya Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and Sri Ravi Prakash Singh, learned counsel for the respondents. 2. The following prayers have been made in the present petition: "(i) issue a writ, order or direction in the nature of Mandamus directing the Respondent Authorities to issue the passport in favour of petitioner in pursuance of the Application Reference No.25-0003138042 and File No. LK1060031635825 dated 16.03.2025 of the petitioner; (ii) issue a writ, order or direction in the nature of Mandamus commanding the Respondent Authorities to take appropriate decision for issuance of the passport in favour of the petitioner in pursuance of the Application Reference No.25-0003138042 and File No. LK1060031635825 dated 16.03.2025 of the petitioner;" 3. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner. 4. It has been held by a Coordinate Bench in Writ-C No. 41540 of 2023 (Pawan Kumar Rajbhar vs. Union of India and 2 others) and other connected matters decided on 19.01.2024 that in such an event, it is open to the person concerned to seek no-objection from the jurisdictional criminal court in respect of grant of passport and the Regional Passport Officer shall act, accordingly. 5. In view of the aforesaid position, we dispose of the writ petition with liberty to the petitioner to apply before the concerned court for no-objection and in case, the same is granted, the Regional Passport Officer shall proceed to take further action in the matter taking into notice the no-objection granted by the court. (R.M.N. Mishra,J.) (Manoj Kumar Gupta,J.) Order Date :- 18.7.2025/Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad