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2025 DAILYLAW 62572 (ALL)

VIVEK SAHNEE v. UNION OF INDIA AND 3 OTHERS

WRIC/18084/2025 · 2025-07-07

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107323-DB Court No. - 21 Case :- WRIT - C No. - 18084 of 2025 Petitioner :- Vivek Sahnee Respondent :- Union Of India And 3 Others Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and learned counsel appearing 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 and commanding the Respondents to consider the passport application of the Petitioner and issue the passport to the petitioner pertaining to application reference No.25-0051319548 dated 11.05.2025 within a stipulated period. (ii) Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent No.3 to consider the passport application of the petitioner and issue the passport to the petitioner pertaining to Application reference No.25-0051319548 dated 11.05.2025 within a stipulated period." 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 :- 8.7.2025/Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad