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Neutral Citation No. - 2025:AHC:13121-DB Court No. - 29 Case :- WRIT - C No. - 1200 of 2025 Petitioner :- Kunal Yadav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- A.S.G.I.,C.S.C.,Dinesh Chandra Tripathi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard Shri Rahul Saxena, learned counsel for the petitioner and Shri Dinesh Chandra Tripathi, learned counsel for the respondent. Petitioner's application for issue of passport apparently has been kept pending on account of his implication in two criminal cases i.e. Case Crime No.153 of 2021, under Sections 504, 323 and 324 I.P.C. Police Station- Bilsanda, District- Pilibhit and Case Crime No.269 of 2021, under Sections 342, 394 and 506 I.P.C., Police Station-Bilsanda, District- Pilibhit. Reliance is placed upon the Division Bench judgment of this Court in Writ - C No. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India & 2 Ors.), in
order to contend that mere pendency of two criminal cases cannot be a ground to deny issuance of passport to the petitioner. In the facts of the case, we permit the petitioner to approach the concerned court where the aforesaid case is pending for grant of no objection certificate by the court concerned so that the passport authorities take a fresh decision in the matter relating to issuance of the petitioner's passport. Petitioner, therefore, is at liberty to approach the concerned court which shall act in terms of the law laid down in Pawan Kumar Rajbhar (supra) and based upon its decision, the passport authorities would do the needful by passing appropriate orders within a further period of two months, thereafter. Accordingly, the present writ petition is disposed of.
Order Date :- 24.1.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad