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2025 DAILYLAW 8282 (ALL)

RAHUL DUBEY v. UNION OF INDIA AND ANOTHER

WRIC/1327/2025 · 2025-03-05

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32892-DB Court No. - 29 Case :- WRIT - C No. - 1327 of 2025 Petitioner :- Rahul Dubey Respondent :- Union Of India And Another Counsel for Petitioner :- Bhriguram Ji,Nilesh Kumar Dubey,Shashi Shekhar Maurya Counsel for Respondent :- A.S.G.I.,Sanjay Dwivedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Shri Sanjay Dwivedi, learned counsel for respondent. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in a criminal case- NCR No.0075 of 2020, under Sections 323 and 504 I.P.C. Reliance is placed upon the Division Bench judgment of this Court in Writ - C No. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India & 2 Ors.), in order to contend that mere pendency of NCR cannot be a ground to deny issue of passport to the petitioner. In the facts of the case, we permit the petitioner to approach the concerned court where the aforesaid case is pending for grant of no objection certificate by the court concerned so that the passport authorities take a fresh decision in the matter relating to issuance of the petitioner's passport. Petitioner, therefore, is at liberty to approach the concerned court which shall act in terms of the law laid down in Pawan Kumar Rajbhar (supra) and based upon its decision, the passport authorities would do the needful by passing appropriate orders within a further period of two months, thereafter. Accordingly, the present writ petition is disposed of. Order Date :- 6.3.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad