Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 72618 (ALL)

TABREJ KHAN v. UNION OF INDIA AND 3 OTHERS

WRIC/28550/2025 · 2025-09-21

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28550 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and Shri Rajesh Tripathi, learned counsel for respondent. 2. The following prayers have been made in the present petition: "A. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to issue the passport of the petitioner. B. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to take appropriate decision on the application no. 25-0051333141 dated 16.05.2025 made by the petitioner through online within stipulated time which, may be fixed by this Hon'ble Court, in accordance with law." 3. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner bearing Case Crime No.154 of 2019 under Sections 504, 323 and 325 IPC. 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. Versus Counsel for Petitioner(s) : Chandan Yadav, Dipanshu Kushwaha, Sharad Yadav Counsel for Respondent(s) : A.S.G.I., C.S.C., Rajesh Tripathi Tabrej Khan .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) 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. September 22, 2025 Ankit. WRIC No. 28550 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad