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Allahabad High Court · body

2025 DAILYLAW 77378 (ALL)

MOHD SHAHNOOR v. UNION OF INDIA AND ANOTHER

WRIC/23689/2025 · 2025-10-06

Neeraj Tiwari, Vivek Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23689 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the petitioner and Sri K.G. Shukla, Advocate holding brief of Sri Narendra Kumar Chatterjee, learned counsel for the respondent nos.1 & 2. 2. Present petition has been filed seeking mandamus commanding respondent no. 2 to issue passport to the petitioner in lieu of the application dated 27.07.2024. 3. Learned counsel for the petitioner submitted that against the petitioner, two criminal cases were lodged, in which he was acquitted vide orders dated 17.08.2023 passed by Additional District and Sessions Judge/Fast Track Court (First) Hapur in Case Crime No. 228/2021 and 25.10.2023 passed by District Magistrate, Hapur in Case Crime No. 335 of 2023. He next submitted that application for issuance of passport to the petitioner is pending since long and as per instruction produced by counsel for respondents, as the matter is pending before the Ministry of Law to take decision to file appeal before the Higher Court against the acquittal of petitioner, therefore, passport of petitioner has not been issued. 4. Learned counsel appearing for respondents could not dispute the aforesaid submissions. 5. We have considered the submissions advanced by counsels for parties and perused the records. 6. Once petitioner has been acquitted in criminal cases, pendency of matter Versus Counsel for Petitioner(s) : Kushagra Srivastava, Saumya Srivastava, Shahrukh Counsel for Respondent(s) : A.S.G.I., Narendra Kumar Chatterjee Mohd Shahnoor .....Petitioner(s) Union Of India And Another .....Respondent(s) before the Ministry of Law to take decision to file appeal cannot be a ground to keep the application of petitioner for issuance of passport pending. 7. Under such facts and circumstances, writ petition is disposed of with direction to respondent no. 2 to take decision upon the application of petitioner dated 27.07.2024 within six weeks from the date of production of certified copy of this order. 8. It is further made clear that mere pendency to take decision before the Ministry of Law to file appeal cannot be a ground to reject the application of petitioner dated 27.07.2024. However, in case of denial of issuance of passport on any other ground, respondent no. 2 shall pass reasoned order to this effect within the same time. October 7, 2025 Sartaj WRIC No. 23689 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad