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2025 DAILYLAW 65585 (ALL)

HARENDRA YADAV v. UNION OF INDIA AND ANOTHER

WRIC/18832/2025 · 2025-07-10

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111243-DB Court No. - 21 Case :- WRIT - C No. - 18832 of 2025 Petitioner :- Harendra Yadav Respondent :- Union Of India And Another Counsel for Petitioner :- Mahtab Alam,Manoj Kumar Maurya Counsel for Respondent :- A.S.G.I.,Krishna Kant Shukla Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and Shri Krishna Kant Shukla, learned counsel for respondents no.1 and 2. 2. The following prayer has been made in the present petition: "(i) Issue a writ, order or direction in the nature of mandamus directing the passport authorities i.e., Respondent no.2 to process the application and issue the passport of the petitioner sought vide Application Reference No. (ARN) 22-0001883828 dated 10.02.2022." 3. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner bearing Case Crime No. 392 of 2013 under Sections 143, 427, 506 and 380 IPC in which chargesheet has been submitted. 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. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 11.7.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad