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Neutral Citation No. - 2025:AHC:119345-DB Court No. - 21 Case :- WRIT - C No. - 23425 of 2025 Petitioner :- Kanhaiya Yadav Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Mohd. Tauqeer,Pinki Singh,Rehana Khan,Rohit Singh Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Sri Rohit Singh, learned counsel for the petitioner and Sri Rajesh Tripahti,
learned counsel appearing on behalf of the respondents.
2. The following prayers have been made in the present petition:-
" (i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to issue a fresh passport in favour of the petitioner forthwith.
"(ii) Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 15.04.2025 passed by the respondent No.3 by which the passport application of the petitioner rejected on the ground that police verification report is not clear contained in annexure no.3 of with petition.
3. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case 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 :- 22.7.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad