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2025 DAILYLAW 72254 (ALL)

AKHILESH CHAUDHARY v. UNION OF INDIA AND 3 OTHERS

WRIC/21740/2025 · 2025-07-09

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110213-DB Court No. - 21 Case :- WRIT - C No. - 21740 of 2025 Petitioner :- Akhilesh Chaudhary Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Pradeep Kumar Singh,Upendra Kumar Yadav 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 Pradeep Kumar Singh, learned counsel for the petitioner and Shri Prem Narayan Rai, learned counsel for respondents no.1 and 2. 2. The following prayer has been made in the present petition: "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 i.e. Competent Authority, Regional Passport Office, Complex Vipin Khand, Gomti Nagar, Lucknow, U.P. to issue the passport in favour of the petitioner as he had applied on 04.12.2022." 3. The passport has not been issued to the petitioner apparently in view of pendency of two criminal cases against the petitioner bearing Case Crime No. 0074 of 2020 under Sections 352, 504 and 506 IPC and Case Crime No.0222 of 2020 under Sections 352, 504, 506 and 427 IPC and Section 3 of Epidemic Diseases Act, 1897. 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. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 10.7.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad