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2025 DAILYLAW 70926 (ALL)

RAJESH YADAV v. UNION OF INDIA AND 2 OTHERS

WRIC/21053/2025 · 2025-07-07

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107967-DB Court No. - 21 Case :- WRIT - C No. - 21053 of 2025 Petitioner :- Rajesh Yadav Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Chandan Kumar Chaturvedi,Ravindra Kumar Srivastava Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and Sri Rakesh Mohan, learned counsel appearing for the respondents. 2. The following prayers have been made in the present petition:- "(i) issue a writ, order or direction in the nature of Mandamus directing the Respondent Authorities to renewal the Passport of the petitioner bearing Passport No.N3516881 in pursuance of the Application Reference No.25- 0051516855 dated 14.05.2025 of the petitioner and allotted File No.LK4068082330014; (ii) issue a writ, order or direction in the nature of Mandamus commanding the Respondent Authorities to take appropriate decision for renewal of the passport of the petitioner bearing Passport No.N3516881 in pursuance of the Application Reference No.25-0051516855 dated 14.05.2025 of the petitioner and No.LK4068082330014; allotted File No.LK4068082330014." 3. The passport of the petitioner is not being renewed apparently in view of pendency of a criminal case against the petitioner bearing Case Crime No. 102 of 2015, under Sections 147, 353, 34, 504 IPC at Police Station Tahbarpur, District Azamgarh. 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 renewal 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. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 8.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad