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2025 DAILYLAW 81309 (ALL)

UTTAM CHAUHAN v. UNION OF INDIA AND 2 OTHERS

WRIC/25846/2025 · 2025-08-04

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132371-DB Court No. - 29 Case :- WRIT - C No. - 25846 of 2025 Petitioner :- Uttam Chauhan Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Archana Chauhan,Basant Kumar Chauhan Counsel for Respondent :- A.S.G.I.,C.S.C.,Deep Mala Srivastava Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri Basant Kumar Chauhan, learned counsel for the petitioner, Ms. Deep Mala Srivastava, learned counsel for respondents Nos.1 & 2 and learned standing counsel for respondent No.3. 2. The instant writ petition is preferred seeking following main reliefs:- "A). issue a writ order or direction in the nature of certiorari quashing the impugned adverse police report and notice dated 24.01.2022 passed by Regional Passport Officer, Lucknow regarding file no.LK4075995421022 of petitioner for reissuing the passport, in the interest of justice, otherwise the petitioner will suffer big loss and injury. B). issue an ad-interim mandamus, directing the respondent no.2 (Regional Passport Officer, Lucknow) to do not impound the passport of the petitioner." " 3. The passport has not been issued to the petitioner apparently on account of Case Crime No.0122 of 2017, under Sections41 and 411 IPC, P.S. Devgaon, 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 :- 5.8.2025 S.P. (Prashant Kumar, J.) (M. C. Tripathi,J.) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad