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2025 DAILYLAW 80880 (ALL)

MOHAMMAD RAFI v. UNION OF INDIA AND 2 OTHERS

WRIC/26028/2025 · 2025-08-12

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138219-DB Court No. - 21 Case :- WRIT - C No. - 26028 of 2025 Petitioner :- Mohammad Rafi Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Aman Arya,Gyanendra Kumar Counsel for Respondent :- A.S.G.I.,Bikash Kumar Mishra,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Aman Arya, learned counsel for the petitioner and Sri Bikash Kumar Mishra, learned counsel appearing on behalf of the respondent nos. 1 and 2. 2. The present petition has been filed praying for a writ of mandamus commanding the respondent authorities to renew the passport of the petitioner bearing No. L7428623. 3. Learned counsel for petitioner submits that there are two criminal cases against the petitioner. In one of the cases, a final report has been submitted, though it has not been accepted so far and the other case is under investigation. 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 :- 13.8.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad