Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132889-DB Court No. - 29 Case :- WRIT - C No. - 25744 of 2025 Petitioner :- Anil Kumar Yadav Respondent :- Union Of India And Another Counsel for Petitioner :- Jitendra Pratap Singh Counsel for Respondent :- A.S.G.I. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Shri Vipul Kumar Dubey, learned counsel for the petitioner and Shri Krishna Dev Rai, learned counsel for respondent Nos. 1 & 2.
2. The instant writ petition is preferred seeking following main reliefs:-
"(i). issue a writ order or direction in the nature of certiorari quashing the impugned decision issued by the respondent no.2;. (ii). issue a writ order or direction in the nature of mandamus directing the respondent no.2 to comply with the guidelines and direction issued in Pawan Kumar Rajbhar (supra) case decided on
19.01.2024. (iii) issue a writ order or direction in the nature of mandamus directing the respondent no.2 to issue the passport to the petitioner under the legitimate measure as expeditiously as possible."
3. The passport has not been issued to the petitioner apparently on account FIR No.174 of 2021, under Sections147, 323, 336, 504, 506, 427, 452, 379 IPC, P.S. Ram Kola, 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