MOHAMMAD ZUNED ANSARI v. UNION OF INDIA AND 3 OTHERS
WRIC/18797/2025 · 2025-07-17
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62856 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62856 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:116477-DB Court No. - 21 Case :- WRIT - C No. - 18797 of 2025 Petitioner :- Mohammad Zuned Ansari Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Chandan Kumar Jaiswal Counsel for Respondent :- A.S.G.I.,C.S.C.,Vijay Chandra Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Sri Chandan Kumar Jaiswal, learned counsel for the petitioner, Sri Vijay Chandra, learned counsel for respondent nos. 1, 2 and 3 and learned Standing Counsel for respondent no. 4.
2. The following prayers have been made in the present petition:
"A-Issue a writ order or direction in the nature of mandamus commanding the respondent No.2 & 3 to decide the File number LK1067016348622 dated 14.10.2022 (contained as annexure no.1 to this writ petition) regarding issuance of passport to the petitioner within stipulated period. B- Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 to issue passport to the petitioner after considering the File number LK1067016348622 dated 14.10.2022 (contained as annexure no.1 to this writ petition) within 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. Sri Vijay Chandra, learned counsel appearing for respondent nos. 1, 2 and 3, submits that the petitioner was issued a show cause notice on 7.11.2022 and it is open to him to respond to the same.
5. 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.
6. 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