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2025 DAILYLAW 79686 (ALL)

MOHAMMAD ASIF v. UNION OF INDIA AND 3 OTHERS

WRIC/25159/2025 · 2025-07-30

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127742-DB Court No. - 21 Case :- WRIT - C No. - 25159 of 2025 Petitioner :- Mohammad Asif Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Mohd Khalid,Rajesh Kumar 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, Shri Tapeshwari Prasad Gupta, learned counsel for respondents No. 1 to 3 and learned standing counsel for respondent No. 4. 2. The following prayer has been made in the present petition: "Issue a writ, order or direction in the nature of writ of mandamus directing the respondent No. 2 and 3 to reissue a passport in favour of the petitioner" 3. The petitioner has applied for re-issuance of passport and the application filed in this behalf is stated to be pending apparently on account of Case Crime No. 334 of 2013, under Sections 323, 504, 506 IPC, Police Station Mehnagar, District Azamgarh 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. Order Date :- 31.7.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad