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2025 DAILYLAW 64262 (ALL)

RAKESH KUMAR YADAV v. UNION OF INDIA AND 2 OTHERS

WRIC/17671/2025 · 2025-07-02

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103777-DB Court No. - 21 Case :- WRIT - C No. - 17671 of 2025 Petitioner :- Rakesh Kumar Yadav Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Sunil Kumar Yadav Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Sunil Kumar Yadav, learned counsel for the petitioner and Sri Dinesh Chandra Tripathi, learned Additional Chief Standing Counsel appearing for the State- 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 the respondent No. 2 to reissue the passport in favour of the petitioner within stipulated period. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to consider the decide the grievance of petitioner with application dated 10.2.2025 within stipulated period pending before respondent no. 2." 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 renew 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 :- 3.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad