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2025 DAILYLAW 74077 (ALL)

GULAM RABBANI @ RABBANI v. UNION OF INDIA AND 3 OTHERS

WRIC/22319/2025 · 2025-07-14

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113882-DB Court No. - 21 Case :- WRIT - C No. - 22319 of 2025 Petitioner :- Gulam Rabbani @ Rabbani Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Avdhesh Kumar Counsel for Respondent :- A.S.G.I.,Anil Kumar Rai,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Avdhesh Kumar, learned counsel for the petitioner and Sri Anil Kumar Rai, learned counsel appearing on behalf of the respondents No.1, 2 and 3. 2. The following prayers have been made in the present petition :- "Issue a writ, order or direction in the nature of mandamus direct the respondent No.3 to issue the Passport of the petitioner. ii. Issue any other writ, order or direction in the nature of mandamus direct the respondent No.2 to decide the application of the petitioner dated 21.05.2025 for issue the passport of the petitioner." 3. The passport has not been issued apparently in view of pendency of a criminal case against the petitioner. 4. Learned counsel for the petitioner submits that there is criminal history of once case being Case Crime No.239 of 2024, under Sections 115(2), 352, 352(c), Police Station Mainather, District Moradabad, in which charge sheet has been submitted on 06.08.2024. 5. 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. 6. 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. Order Date :- 15.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad