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2025 DAILYLAW 75245 (ALL)

AVNESH KUMAR AGARWAL v. UNION OF INDIA AND 3 OTHERS

WRIC/22743/2025 · 2025-07-16

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116285-DB Court No. - 21 Case :- WRIT - C No. - 22743 of 2025 Petitioner :- Avnesh Kumar Agarwal Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Pavan Kumar Counsel for Respondent :- A.S.G.I.,Amrish Sahai,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and Shri Amrish Sahai, learned counsel appearing for the respondents no.1 and 2. 2. The following prayers have been made in the present petition:- "1. Issue a writ, order or direction in the nature of mandamus directing/commanding to the respondents to renew the passport No.M7209593 of the petitioner expeditiously within a stipulated period as fixed by this Hon'ble Court. 2. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent No.3 and 4 to submit police verification report within a stipulated period as fixed by this Hon'ble Court. 3. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent No.2 and 3 to take decision over the application dated 27.06.2025 submitted by the petitioner expeditiously within a stipulated period as fixed by this Hon'ble Court." 3. The passport of the petitioner is not being renewed apparently in view of pendency of two criminal cases against the petitioner bearing Case Crime No.1634 of 2007 under Sections 406, 420, 424, 467, 468, 471 and 120B IPC and Case Crime No.318 of 2007 under Sections 420, 406, 424, 467, 468, 471, 477, 218 and 120B IPC and Section 13(1) of the P.C. Act. 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 renewal 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 :- 17.7.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad