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Neutral Citation No. - 2025:AHC:112373-DB Court No. - 21 Case :- WRIT - C No. - 22171 of 2025 Petitioner :- Faheem Athar Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Shyam Singh Sengar Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Sri Bharat Singh, learned counsel for the petitioner and Sri Shyam Singh Sengar, learned counsel appearing for the respondents.
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 to consider and decide the application of the petitioner dated 27.11.2024 submitted on 2.12.2024 (Annexure No. 1 to the writ petition) for re-issuance of passport to the petitioner within the period to be stipulated by this Hon'ble Court."
3. The passport of the petitioner is not being renewed apparently in view of pendency of a criminal case against the petitioner. The petitioner has challenged the summoning order and proceedings of criminal case by means of a petition under Section 482 Cr.P.C. bearing No. 15213 of 2023 and wherein trial has been stayed by an
order dated 12.5.2023.
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. If application for grant of no objection is filed, the same shall be decided by the court concerned without any impediment, 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 :- 14.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad