NEERAJ KUMAR v. GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AND 3 OTHERS
WRIC/23940/2025 · 2025-07-23
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77999 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77999 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:121495-DB Court No. - 21 Case :- WRIT - C No. - 23940 of 2025 Petitioner :- Neeraj Kumar Respondent :- Government Of India Ministry Of External And 3 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard learned counsel for the petitioner and Ms. Ritu, learned counsel for respondents nos. 1 to 3 and learned Standing Counsel for respondent no. 4.
2. The following prayers have been made in the present petition: -
"(I) issue a writ order or direction in the nature of mandamus commanding the respondent no. 2/ Regional Passport Officer, Regional Passport Office, Vipin Khand, Gomti Nagar, Lucknow to issue a passport to the petitioner within stipulated time as fixed by this Hon'ble Court. (II) Issue a writ order or direction in the nature of mandamus commanding the respondents to decide the application for issue a passport dated 23.8.2024, submitted by the petitioner before respondent no. 2 and 3 within stipulated period fixed by this Hon'ble court."
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 :- 24.7.2025/Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad