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2025 DAILYLAW 78052 (ALL)

SANDEEP KUMAR CHAUHAN v. UNION OF INDIA AND ANOTHER

WRIC/23961/2025 · 2025-07-23

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121549-DB Court No. - 21 Case :- WRIT - C No. - 23961 of 2025 Petitioner :- Sandeep Kumar Chauhan Respondent :- Union Of India And Another Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and Sri Ravi Prakash Singh, learned counsel for respondents. 2. The following prayer has been made in the present petition: - "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents particularly respondent no. 2 to issue the passport normal (fresh) pursuance to the application dated 31.08.2023 of the petitioner bearing Application File No. LK1068475602223, ignoring the criminal case bearing case no. 17963 of 2023 (State Vs. Sandeep Chauhan) arising out of case crime no. 0036 of 2022, under section 60 of Excise Act, P.S. Khukhundu, District-Deoria, registered/pending against the petitioner." 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