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2025 DAILYLAW 70613 (ALL)

DILIP v. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND ANOTHER

WRIC/20823/2025 · 2025-07-13

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111971-DB Court No. - 21 Case :- WRIT - C No. - 20823 of 2025 Petitioner :- Dilip Respondent :- Ministry Of External Affairs New Delhi And Another Counsel for Petitioner :- Saurabh Mishra Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Shri Saurabh Mishra, learned counsel for the petitioner and Shri Rahul Anand Gaur, learned counsel for respondents No. 1 & 2. The following prayers have been made in the present petition: "i. Issue a writ, order of direction in the nature of mandamus direct the respondent no.2 to reissue the Passport of the petitioner. ii. Issue any other writ, order or direction in the nature of mandamus direct the respondent no.2 to decide the application of the petitioner dated 24.06.2025 for reissue the passport of the petitioner." 3. The petitioner has applied for re-issuance of passport and the application filed in this behalf is stated to be pending apparently on account of pendency of a criminal case bearing Case Crime No. 0146 of 2017, under Sections 147, 149, 188, 504 IPC and Section 7 Criminal Law Amendment Act, 1932 against the petitioner. 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 re-issuance 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 :- 14.7.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad