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Neutral Citation No. - 2025:AHC:134937-DB Court No. - 21 Case :- WRIT - C No. - 25548 of 2025 Petitioner :- Arvind Gupta Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Vidhu Bhooshan Shukla,Vivek Kumar Mishra Counsel for Respondent :- A.S.G.I.,Dinesh Kumar Misra Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard learned counsel for the petitioner and Shri Dinesh Kumar Mishra, learned counsel for respondents.
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 issue the passport in favour of petitioner. ii) issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to consider and decide the application/form of petitioner dated 17.01.2025 for issuing the passport within stipulated period which is pending before the respondent No.2 (Annexure No.2 to this writ petition)."
3. The passport has not been issued to the petitioner apparently on account of Case Crime No. 179 of 2020, under Sections 323, 504, 506 IPC, Police Station Tarya Sujan, 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 :- 11.8.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad