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2025 DAILYLAW 72777 (ALL)

SARVESH KUMAR DWIVEDI v. UNION OF INDIA AND 3 OTHERS

WRIC/21708/2025 · 2025-09-22

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 21708 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in two criminal cases i.e. Case Crime No.157 of 2022 and Case Crime No.279 of 2023, Police Station Naini, Prayagraj. Reliance is placed upon the Division Bench judgment of this Court in Writ-C No.41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India & others), in order to contend that mere pendency of criminal cases cannot be a ground to deny issuance of passport to the petitioner. 3. In the facts of the case, we permit the petitioner to approach the concerned court where the aforesaid cases are pending for grant of no objection certificate by the court concerned so that the passport authorities can take a fresh decision in the matter relating to issuance of the petitioner's passport. 4. Petitioner, therefore, is at liberty to approach the concerned court which shall act in terms of the law laid down in Pawan Kumar Rajbhar (supra) and based upon its decision, the passport authorities would do the needful by passing appropriate orders within a further period of two months, thereafter. 5. Accordingly, the present writ petition is disposed off. September 23, 2025 SS Versus Counsel for Petitioner(s) : Zia Uddin Ahmad Counsel for Respondent(s) : A.S.G.I., C.S.C., Suresh Chandra Mishra (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Sarvesh Kumar Dwivedi .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad