Extracted from the PDF above. The PDF is authoritative.
Court No. - 21 Case :- WRIT - C No. - 25827 of 2025 Petitioner :- Sadiq Ali Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Sudhir Kumar Tripathi Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. None is present on behalf of respondent Nos.1,2 and 3, although notice on behalf of said respondents has been accepted by the office of Additional Solicitor General of India.
3. 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 authorities to re-issue the passport in favour of the petitioner within stipulated time which may be fixed by this Hon'ble Court."
4. The passport of the petitioner is not being renewed apparently in view of pendency of criminal case against the petitioner bearing S.T. No.389 of 2008, arising out of Case Crime No. 1702 of 2008, under Sections 323, 504, 506, 325, 452 IPC and 3(1) 10 of SC/ST Act, Police Station Gorakhnath, District Gorakhpur.
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 :- 12.8.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad