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2025 DAILYLAW 82350 (ALL)

ABHISHEK YADAV v. UNION OF INDIA AND 4 OTHERS

WRIC/26164/2025 · 2025-08-20

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144256-DB Court No. - 21 Case :- WRIT - C No. - 26164 of 2025 Petitioner :- Abhishek Yadav Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Priyavrat Tripathi,Sumit Gupta Counsel for Respondent :- A.S.G.I.,C.S.C.,Sudarshan Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and Shri Sudarshan Singh, learned counsel for respondent. 2. The following prayer has been made in the present petition: "I. To issue a writ, order or direction in the nature of mandamus to declare the action of the respondent no.3 in refusing passport service to the petitioner on account of Case Crime No. 71 of 2019 (State Versus Abhishek Yadav) Under Section 147, 148, 149, 308, 323, 325, 504 and 506 of I.P.C. Police Station Bhaluani District Deoria as illegal, high handed and arbitrary apart from being in violation of the right of the petitioner under Article- 14, 19 and 21 of the constitution of India and direct the respondent no.3 to issue the passport to the petitioner on Application Reference No. LK1064965068725 in fresh category." 3. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner bearing Case Crime No. 71 of 2019 under sections 147, 148, 149, 308, 323, 325, 504 and 506 I.P.C. in which chargesheet has been submitted. 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. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 21.8.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad