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Neutral Citation No. - 2025:AHC:145088-DB Court No. - 21 Case :- WRIT - C No. - 28424 of 2025 Petitioner :- Md Idu Ahamad Respondent :- Union Of India And Another Counsel for Petitioner :- Shaiwal Kumar Gupta Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Shri Shaiwal Kumar Gupta, learned counsel for the petitioner and Shri Ashish Tripathi, learned counsel appearing on behalf of the respondents.
2. The following prayer has been made in the present petition:-
"i) Issue a writ order or direction in the nature of mandamus directing and commanding to the respondent No. 2 (Regional Pass-Port Officer, Lucknow to issue the passport to the applicant/petitioner forthwith, ignoring the the complaint Case No.86/23 under section 323,504,506 I.P.C. and Case No. 814/24 arising out on F.I.R. No. 221/2022 under section 323,504,506 I.P.C. Police Station Chandwak District- Jaunpur which are pending before learned court JM First Jaunpur, within a stipulated period."
3. The passport is not being issued to the petitioner apparently in view of pendency of two criminal cases 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 :- 22.8.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad