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Neutral Citation No. - 2025:AHC:103561-DB Court No. - 21 Case :- WRIT - C No. - 17593 of 2025 Petitioner :- Sanjay Yadav Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Amit Prakash Upadhyay Counsel for Respondent :- A.S.G.I.,Bikash Kumar Mishra,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. At the outset, learned counsel for the petitioner made request to correct the description of respondent no.2 in the cause title. 2. The same is granted. 3. Let necessary correction be carried out during course of the day. 4. Heard Shri Amit Prakash Upadhyay, learned counsel for the petitioner and Shri Bikash Kumar Mishra, learned counsel for respondents no.1 and 2. 5. 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 consider the petitioner's application form for issuance of fresh passport and sure make passport within stipulated time which may fix by this Hon'ble Court. B. Issue a writ, order or direction in the nature of Mandamus directing the respondent no.3 to complete the verification proceeding for passport of petitioner."
6. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner. 7. Learned counsel for the Union of India has placed on record the written instructions received from Senior Superintendent (Legal Cell) wherein the stand taken is that there is adverse police verification report against the petitioner in connection with Crime No.432 of 2022 under Sections 279, 337, 427, 304a I.P.C, P.S.- Ahiraola."
8. 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. 9. 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.
(Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 3.7.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad