MOHAMMAD RAFEEQ SHAIKH @ RAFIK SHEKH v. UNION OF INDIA AND 3 OTHERS
WRIC/25836/2025 · 2025-08-04
Mahesh Chandra Tripathi, Prashant Kumar
body2025
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[ 2025 DAILYLAW 81495 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 81495 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:132437-DB Court No. - 29 Case :- WRIT - C No. - 25836 of 2025 Petitioner :- Mohammad Rafeeq Shaikh @ Rafik Shekh Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Ashok Kumar Yadava,Janardan Counsel for Respondent :- A.S.G.I.,C.S.C.,Dinesh Chandra Srivastava Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Shri A.K. Yadav, learned counsel for the petitioner, Shri D.C. Srivastava,
learned counsel for respondents Nos.1 & 2 and learned standing counsel for respondent Nos.3 & 4.
2. The instant writ petition is preferred seeking following main reliefs:-
"I). to issue a writ order or direction in the nature of mandamus directing the respondent no.2 to issue passport in favour of the petitioner as early as possible within stipulated period."
3. The passport has not been issued to the petitioner apparently on account of Case Crime No.0256 of 2023, under Sections 147, 323, 04, 506, 354(Kh) IPC and Section 3(1)r,s, 3(1)(w)(i) of S.C./S.T. Act, P.S. Tamkuhiraj, District Kushinagar 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