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2025 DAILYLAW 68259 (ALL)

BABER ALI WARSI v. UNION OF INDIA AND 2 OTHERS

WRIC/20559/2025 · 2025-07-10

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111545-DB Court No. - 21 Case :- WRIT - C No. - 20559 of 2025 Petitioner :- Baber Ali Warsi Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Khalid Mahmood,Mariyam Azam Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The instant petition has been filed praying for a writ of mandamus commanding respondent no. 3 i.e., Regional Passport Officer, Regional Passport Office, Lucknow to issue passport to the petitioner. 2. Sri S.P. Singh, learned Additional Solicitor General of India has appeared on behalf of Regional Passport Officer. He has placed on record the instructions received from the Senior Superintendent, Regional Passport Office, Lucknow according to which, a criminal case is pending against the petitioner and the stand taken is that the respondents would examine the claim of the petitioner strictly as per the gazette notification dated 25.08.1993 and the directions given by the Coordinate Bench in Pawan Kumar Rajbhar vs. Union of India and 2 others (Writ-C No. 41540 of 2023) decided on 19.01.2023. 3. In the said judgment, this Court has held that where a criminal case is pending against an applicant, who has applied for passport, he has to obtain no-objection from the jurisdictional criminal Court and in the event, the same is granted, the Passport Officer would proceed further in the matter taking into notice the no objection granted by the Court. 4. Accordingly, we dispose of the instant petition with liberty to the petitioner to apply for no objection before the concerned Magistrate. In case, any such application is filed, the same shall be decided by the concerned court strictly as per the law laid down in Pawan Kumar Rajbhar (Supra). The regional Passport Officer shall thereafter proceed in the matter taking into notice the no objection granted by the Court. Order Date :- 11.7.2025 Nisha (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad