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2025 DAILYLAW 77428 (ALL)

RIYASAT KHAN v. UNION OF INDIA AND 3 OTHERS

WRIC/23728/2025 · 2025-08-05

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132370-DB Court No. - 21 Case :- WRIT - C No. - 23728 of 2025 Petitioner :- Riyasat Khan Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Manoj Kumar Srivastava,Shivajee Srivastava Counsel for Respondent :- A.S.G.I.,C.S.C.,Piyush Mishra Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner, Shri Piyush Mishra, learned counsel for respondents no.1, 2 and 3 and Shri Rajiv Gupta, learned Additional Chief Standing Counsel for respondent no.4. 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 the respondents authorities to issue a passport in favour of petitioner." 3. The petitioner has applied for issuance of passport. The passport has not been issued to him so far, apparently, in view of pendency of a criminal case against him. 4. SHO, P.S.- Manda, Commissionerate Prayagraj, has supplied written instructions dated 30.07.2025, according to which, Case Crime No.63 of 2012 under Sections 147, 148, 149, 323, 504, 336, 295, 506 and 427 IPC was registered against the petitioner and after investigation, a charge-sheet has been submitted against him on 03.07.2012 and the trial is pending in the court of ACJM, Court No.10, Prayagraj. 5. 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. Writ-C No. 41540 of 2023 (Pawan Kumar Rajbhar vs. Union of India and 2 others) 6. 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 :- 6.8.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad