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2025 DAILYLAW 72872 (ALL)

ABDUL HAMID v. UNION OF INDIA AND 3 OTHERS

WRIC/21636/2025 · 2025-07-09

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109976-DB Court No. - 21 Case :- WRIT - C No. - 21636 of 2025 Petitioner :- Abdul Hamid Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Amzad Rza,Chandra Kant Tripathi,Raman Pandey Counsel for Respondent :- A.S.G.I.,C.S.C.,Rajesh Tripathi Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Raman Pandey, learned counsel for the petitioner, Sri Rajesh Tripathi, learned counsel appearing on behalf of the respondent Nos.1 to 3 and learned Standing Counsel for the respondent No.4. 2. The following prayer has been made in the present petition:- "Issue a writ, order or direction in the nature of Mandamus directing and commanding the Respondent Nos.2 and 3 to issue passport in favour of the petitioner." 3. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner. 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. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 10.7.2025/Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad