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Neutral Citation No. - 2025:AHC:115109-DB Court No. - 21 Case :- WRIT - C No. - 21408 of 2025 Petitioner :- Vivek Kumar Mishra Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Kamal Kumar Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Ved Mani Tiwari Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Sri Kamal Kumar Singh, learned counsel for the petitioner and Sri Ved Mani Tiwari, learned counsel appearing on behalf of the respondents No.1 and 2.
2. The following prayers have been made in the present petition:-
" i. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to issue passport in favour of petitioner forthwith within stipulated period from command of this Hon'ble Court. ii. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to consider and decide the application dated 13.05.2025 for issuance of passport within stipulated period. iii. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to take action upon the application dated 04.02.2025 which the petitioner have filed for issuance of their passport."
3. The petitioner is not being issued passport apparently in view of pendency of criminal case against the petitioner bearing Case Crime No.438 of 2023, under Sections 323, 504 and 506 I.P.C., Police Station- Jahanaganj, 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 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 :- 16.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad