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2025 DAILYLAW 80552 (ALL)

HRITIK UPADHYAY v. UNION OF INDIA AND 4 OTHERS

WRIC/25179/2025 · 2025-07-30

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127971-DB Court No. - 21 Case :- WRIT - C No. - 25179 of 2025 Petitioner :- Hritik Upadhyay Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Anand 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. Although notice on behalf of respondents No. 1, 3 & 4 has been received by the office of Additional Solicitor General of India but none is present on behalf of the said respondents. 2. Heard learned counsel for the petitioner and learned standing counsel for respondent No. 2 & 5. 3. The following prayer has been made in the present petition: "Issue a writ order of direction in the nature of mandamus directing the respondent No. 3 to issue fresh passport to the petitioner forthwith in view of the application submitted on 03.05.2025 (File No. LK4065073678025) in accordance with law." 4. The passport has not been issued to the petitioner apparently in view of pendency of Case Crime No. 86 of 2018, under Sections 305, 354D IPC & Section 7/8 of POCSO Act, Police Station Rohaniya, District Varanasi, against the petitioner. 5. 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. 6. 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