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Neutral Citation No. - 2025:AHC:131931-DB Court No. - 29 Case :- WRIT - C No. - 25890 of 2025 Petitioner :- Naveen Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Dinesh Yadav Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Shri Dinesh Yadav, learned counsel for the petitioner, Shri Vikram Kumar, Advocate holding brief of Shri Jitendra Kumar, learned counsel for respondents No. 1 to 3 and learned standing counsel for respondent No. 4. 2. The instant writ petition is preferred seeking following main reliefs:-
"A) issue a writ order or direction in the nature of mandamus an ad-interim mandamus directing the respondents/authority concern specially the respondent no.3 to consider and provide passport at application dated 05.02.2025 having file no LK4060692118825 to the petitioner in accordance with law, expeditiously within some stipulated time as framed by this Hon'ble Court in the facts and circumstances of the case, forthwith during the pendency of the instant writ petition. B). Issue a writ order or direction in the nature of mandamus directing the respondents/authority concern specially the respondent no.3 to consider and provide passport at application dated 05.02.2025 having file no.LK4060692118825 to the petitioner in accordance with law, expeditiously within some stipulated time as framed by this Hon'ble Court in the facts and circumstances of the case. "
3. The passport has not been issued to the petitioner apparently on account of FIR No. 262 of 2024, under Sections 420, 504 and 506 IPC, P.S. Pawai, District Azamgarh 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