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2025 DAILYLAW 70003 (ALL)

KASHIF SIDDIQUI v. UNION OF INDIA AND ANOTHER

WRIC/20814/2025 · 2025-07-06

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105900-DB Court No. - 21 Case :- WRIT - C No. - 20814 of 2025 Petitioner :- Kashif Siddiqui Respondent :- Union Of India And Another Counsel for Petitioner :- Ashfaq Ahmed Ansari Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayer has been made in the instant writ petition:- " (A) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No.2 issue the passport to the petitioner." 2. The passport is not being granted apparently on account of pendency of certain criminal cases against the petitioner. 3. Learned counsel for the petitioner submits that there were two criminal cases. In Case Crime No.236 of 2018, under Sections 420, 467, 468 and 471 IPC, P.S. Nakur, Saharanpur, the police submitted a Final Report on 12.10.2018, and it was accepted by the Court on 26.03.2021. Other case i.e. Case Crime No.126 of 2019, under Section 420, 467, 468 and 120-B IPC, P.S. Nakur, District Saharanpur is pending, and proceedings of the case before the concerned criminal court has been stayed by this Court in Application U/s 482 No.26444 of 2024. 4. Sri Piyush Mishra, learned counsel has appeared on behalf of respondents. 5. It is admitted before us that Co-ordinate Bench of this Court vide order dated 13.05.2025 in Writ-C No.15021 of 2025 has held that in case any criminal proceeding is pending against any person who has applied for passport, he can obtain no-objection from the concerned court, and in which event, the passport authorities would proceed in the matter taking notice of the no-objection granted by the court. 6. In view of the said undisputed 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. 7. It is clarified that the stay of proceedings of the trial court by this Court in Application U/S 482 No.26444 of 2024 would not be an impediment for the court concerned to entertain and dispose of application for grant of no-objection certificate, if filed by the petitioner. Order Date :- 7.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad