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2025 DAILYLAW 73001 (ALL)

VAIBHAV AGRAWAL v. UNION OF INDIA AND ANOTHER

WRIC/21748/2025 · 2025-07-09

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110218-DB Court No. - 21 Case :- WRIT - C No. - 21748 of 2025 Petitioner :- Vaibhav Agrawal Respondent :- Union Of India And Another Counsel for Petitioner :- Avinash Jaiswal,Radheshyam Yadav,Surendra Kumar Verma Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Shri Radheshyam Yadav, learned counsel for the petitioner and Shri Prem Narayan Rai, learned counsel for respondents. 2. The following prayer has been made in the present petition: "(i) To issue a writ in the nature of mandamus directing the respondent no.2 to issue fresh Passport to the petitioner for which Application Reference No.25-0054457404 has been filed before the respondent no.2 on 10.06.2025. (ii) To issue a writ in the nature of mandamus directing the respondent no.2 to decide the representation of petitioner dated 20.06.2025." 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. 43 of 2015 under Sections 419, 420, 467, 468 and 471 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. 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