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2025 DAILYLAW 77982 (ALL)

AVINASH v. UNION OF INDIA AND ANOTHER

WRIC/23772/2025 · 2025-08-05

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132522-DB Court No. - 21 Case :- WRIT - C No. - 23772 of 2025 Petitioner :- Avinash Respondent :- Union Of India And Another Counsel for Petitioner :- Anand Swaroop Gautam Counsel for Respondent :- A.S.G.I.,Om Prakash Yadav Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and Shri Om Prakash Yadav, learned counsel for respondents no.1 and 2. 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 the respondent authorities to issue the passport in favour of petitioner in pursuance of the application Reference No. SCN/1049360128/25 dated 6.6.2025, it is further be pleased to direct the respondent authority to take appropriate decision for issuance of the passport in favour of the petitioner in pursuance to the application Reference No. SCN/1049360128/25 dated 6.6.2025." 3. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner bearing Case Crime No. 165 of 2022 under Sections 323, 504 and 506 IPC. 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. (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