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2025 DAILYLAW 64248 (ALL)

RAGHVENDRA YADAV v. UNION OF INDIA AND 4 OTHERS

WRIC/17835/2025 · 2025-07-09

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109523-DB Court No. - 21 Case :- WRIT - C No. - 17835 of 2025 Petitioner :- Raghvendra Yadav Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Vivekanand Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Chandra Jeet Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayers have been made in the writ petition: - "i. Issue a writ order or direction in the nature of mandamus directing the respondent no. 1 to 4 to renew and re-issue a legally valid passport to the petitioner to depart to his place of employment in the foreign country the REPUBLICQUE DU BENIN, as earlier as possible. ii. Issue a writ order or direction in the nature of mandamus directing the trial court Civil Judge (S.D.)/F.T.C.-1-Additional Chief Judicial Magistrate, Deoria, respondent no. 6 to reconsider and decide the application of the petitioner, in pursuance of the Hon'ble Court directions dated 09.05.2025, for considering permission to the petitioner to depart the country during pendency of trial in the Case No. 12771 of 2021 (State of U.P. vs. Raghvendra) before the court." 2. It seems that the petitioner applied for renewal of his passport. He also made an application before Additional Chief Judicial Magistrate, Deoria (respondent no. 6 herein) to grant no-objection to him to depart from the country during pendency of trial in Case Crime No. 12771 of 2021, pending before him. The trial court granted no-objection for a period of sixty days. In the meantime, the proceedings for re- issuance of passport were closed as the petitioner could not submit the relevant documents. He also gave in writing that he would file a fresh application. 3. The submission of learned counsel for the petitioner is that since no-objection has been granted only for sixty days, therefore, it would not serve his purpose. It is submitted that liberty be granted to the petitioner to apply before the concerned court for grant of no-objection for a larger period and also to file fresh application for renewal/re-issuance of passport. 4. Sri Chandrajeet Singh, learned counsel appearing on behalf of respondent nos. 1, 3 and 4, also takes the stand that the file of the petitioner for renewal/re-issuance of passport was closed on his own application and it is open to the petitioner to apply afresh. 5. Having regard to the above factual position, we dispose of the instant petition with liberty to the petitioner to apply afresh for re-issuance of the passport. It shall also be open to the petitioner to move appropriate application before the trial court so that the trial court may examine the request of the petitioner for grant of no- objection for leaving the country for a larger period. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 10.7.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad