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2025 DAILYLAW 79472 (ALL)

MALAY AGARWAL v. UNION OF INDIA AND ANOTHER

WRIC/25656/2025 · 2025-08-10

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135540-DB Court No. - 21 Case :- WRIT - C No. - 25656 of 2025 Petitioner :- Malay Agarwal Respondent :- Union Of India And Another Counsel for Petitioner :- Neetu Singh,Rajan Tripathi Counsel for Respondent :- A.S.G.I.,Shashi Shankar Tripathi Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The passport of the petitioner is not being renewed apparently in view of pendency of Criminal Case No.17974 of 2019, arising out of Case Crime No.23 of 2029, U/s 384 IPC, Police Station Swaroop Nagar, District Kanpur Nagar. 3. Learned counsel for the petitioner submits that summoning order dated 05.07.2019 passed in said case has been challenged by the petitioner in Application under Section 482 No.3590 of 2020, and vide order dated 28.01.2020 this Court stayed the proceedings of the said case. 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. The application for grant of no objection, if filed, shall be disposed of by the trial court, without considering the stay order dated 28.01.2020 as an impediment. Order Date :- 11.8.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad