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2025 DAILYLAW 63975 (ALL)

MOHAMMAD QASIM v. UNION OF INDIA AND ANOTHER

WRIC/17484/2025 · 2025-07-02

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103486-DB Court No. - 21 Case :- WRIT - C No. - 17484 of 2025 Petitioner :- Mohammad Qasim Respondent :- Union Of India And Another Counsel for Petitioner :- Adil Khan,Umesh Prasad Singh Counsel for Respondent :- A.S.G.I.,Anupama Parashar Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and Ms. Anupama Prasar, learned counsel for respondents. 2. The following prayers have been made in the present petition: "I. Issue writ, order, or mandamus direction in the nature of commanding and directing the respondent no.2 to re-issue a new passport to the petitioner in place of his lost passport (passport no.V5256123) of the petitioner dated 23.03.2022, which was valid from 23.03.2022 to 22.03.2032 within specific period as may be fixed by this Hon'ble Court in according with law. II. Issue writ, order, or direction in the nature of mandamus directing the respondent no.2 to take appropriate decision on the re-issue (passport) application dated 13.03.2025." 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. Order Date :- 3.7.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad