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2025 DAILYLAW 70533 (ALL)

RITESH v. UNION OF INDIA AND 4 OTHERS

WRIC/20789/2025 · 2025-07-06

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105896-DB Court No. - 21 Case :- WRIT - C No. - 20789 of 2025 Petitioner :- Ritesh Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Sudarshan Singh,Vivek Singh Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Shri Sudarshan Singh, learned counsel for the petitioner and Shri Gaya Prasad Singh, learned counsel for respondents nos.1,2 and 3. 2. The following prayer has been made in the present petition: "A. Issue a writ, order or direction in the nature of Mandamus directing the respondent authority concerned to issue passport to petitioner in view of his Passport Application dated 24.05.2025." 3. The passport has not been issued to the petitioner apparently in view of pendency of criminal case against the petitioner. 3. Learned counsel for the petitioner submits that there were two criminal cases first Case Crime No.306 of 2023, under Section 171 B, 188 IPC, Police Station Jiyanpur, District Azamgarh and second Case Crime No.464 of 2023, under Sections 323, 504, 506, 427, 452, 34 IPC, Police Station Kotwali, District Azamgarh and in both the Criminal Cases Police submitted charge-sheet against the petitioner and he has been released on bail by the concerned court. 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. 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