Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 80304 (ALL)

MOHAMMAD BISMILLAH v. UNION OF INDIA AND ANOTHER

WRIC/24922/2025 · 2025-08-05

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:132606-DB Court No. - 21 Case :- WRIT - C No. - 24922 of 2025 Petitioner :- Mohammad Bismillah Respondent :- Union Of India And Another Counsel for Petitioner :- Seraj Ahmad,Shibli Naseem Counsel for Respondent :- A.S.G.I.,Anju Srivastava Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Seraj Ahmad, learned counsel for the petitioner, Ms. Anju Srivastava, learned counsel for the respondent No.1 and learned Standing Counsel for the State-respondent. 2. The following prayer has been made in the present petition:- " i. Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to consider Pass Port File No.LKMO60171350824 of the petitioner and issue passport in favour of the petitioner provisionally so that the justice may be done; otherwise the petitioner shall suffer irreparable loss ad injury" 3. The passport to the petitioner is not being issued apparently in view of pendency of two criminal cases against the petitioner bearing Case Crime No. 697 of 1997, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Line Bazar, Jaunpur pending in the Court of CJM Jaunpur, and Case Crime No.45 of 1990, under Sections 379, 411 IPC and 4/10 Forest Act, Police Station Line Bazar, Jaunpur pending in the Court of CJM Jaunpur. 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 :- 6.8.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad