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2025 DAILYLAW 71248 (ALL)

AJAY KUMAR v. UNION OF INDIA AND ANOTHER

WRIC/20996/2025 · 2025-07-14

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113229-DB Court No. - 21 Case :- WRIT - C No. - 20996 of 2025 Petitioner :- Ajay Kumar Respondent :- Union Of India And Another Counsel for Petitioner :- Sudheer Kumar Singh Counsel for Respondent :- A.S.G.I.,Ram Bali Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Shri Sudheer Kumar Singh, learned counsel for the petitioner and Shri Ram Bali, learned counsel for respondents No. 1 & 2. 2. The following prayer has been made in the present petition: "A writ order or direction in the nature of mandamus directing and commanding to the respondent No.-2 (Regional Pass-Port Officer, Lucknow) to issue the passport in favour of the petitioner, ignoring the Complaint Case No.-200/2020, Sonmati versus Anarjeet and others, under section 323, 504 IPC, P.S.-Bilariyaganj, District Azamgarh, within a stipulated period." 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 Complaint Case No. 200/2020, under Sections 323 & 504 IPC, P.S. Bilariyaganj, District Azamgarh 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 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 :- 15.7.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad