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2025 DAILYLAW 64516 (ALL)

BALKESH UPADHYAY v. UNION OF INDIA AND 2 OTHERS

WRIC/18110/2025 · 2025-07-07

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107676-DB Court No. - 21 Case :- WRIT - C No. - 18110 of 2025 Petitioner :- Balkesh Upadhyay Respondent :- Union Of India And 2 Others Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. 2. The following prayer has been made in the present petition:- "Issue a writ, order or direction in nature of Mandamus directing and commanding the Regional Passport Officer (Respondent No.2) to decide the online Application Reference No.24-0017652860 its File No. LK1060306810224 dated 17.10.2024 filed by the petitioner for issuing the passport expeditiously, within a time bound period fixed by this Hon'ble Court. 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. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 8.7.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad