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2025 DAILYLAW 63044 (ALL)

DEVINDER SINGH v. UNION OF INDIA AND ANOTHER

WRIC/17725/2025 · 2025-07-02

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103833-DB Court No. - 21 Case :- WRIT - C No. - 17725 of 2025 Petitioner :- Devinder Singh Respondent :- Union Of India And Another Counsel for Petitioner :- Priti Pandey,Ved Prakash Mishra Counsel for Respondent :- A.S.G.I.,Akhilesh Kumar Srivastava Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Ms. Priti Pandey, learned counsel for the petitioner and learned counsel appearing for the respondents. 2. The following prayer has been made in the present petition:- "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No. 2 to re-issue passport to the petitioner in view of submitted Application Reference (ARN) No. 25-0002341294, File No. CH2070732058025 dated 17.2.2025 bearing Old Passport No. N1153956 issued on 27.7.2015 and expired on 26.7.2025 File No. GZ1078942054015 within stipulated period as deem fit and proper by this Hon'ble Court." 3. It has come on record that Case No. 778 of 2022 under Section 420 IPC is pending against the petitioner and 02 others. The proceedings of the case have been challenged before this Court in a petition under Section 528 BNSS and the proceedings of the trial court have been stayed. 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 where the proceedings of a criminal case are pending, the accused person will have to obtain no-objection from the court so that the application for grant or renewal of the passport is processed. 5. In view of the said judgement, we dispose of the writ petition by permitting the petitioner to apply before the trial court for grant of no-objection and in the event, any such application is filed, the same shall be decided by the trial court taking into consideration the law laid down in Pawan Kumar Rajbhar (supra). It is clarified that the interim order of this Court dated 3.4.2025 in Application U/S 528 BNSS No. 9700 of 2025 will not be an impediment in way of trial court in considering and passing appropriate order on the application of the petitioner for grant of no-objection certificate. 6. It is further provided that in the event, any such certificate is granted by the trial court, the second respondent will proceed further in the matter having regard to the no-objection certificate granted by the trial court. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 3.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad