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2025 DAILYLAW 74101 (ALL)

MAHTAB ALAM v. UNION OF INDIA AND 4 OTHERS

WRIC/22364/2025 · 2025-08-06

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133741-DB Court No. - 21 Case :- WRIT - C No. - 22364 of 2025 Petitioner :- Mahtab Alam Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Bal Krishna Yadav,Harendra Yadav Counsel for Respondent :- A.S.G.I.,Ajay Singh,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner Sri S.P. Singh, learned Additional Solicitor General of India, is present on behalf of Union of India assisted by Sri Ajay Singh Advocate and learned Standing Counsel for the State-respondents. 2. The following prayer has been made in the present petition:- " i. Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent No.2 and 3 to take appropriate action upon the application of the petitioner dated 27.05.2025. " 3. The passport to the petitioner is not being renewed apparently in view of pendency of criminal case against the petitioner bearing Case Crime No.0275 of 2021, under Sections 323, 504 IPC, Police Station- Mahrajganj, District Azamgarh, in which he has already been released on bail. 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. Order Date :- 7.8.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad