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2025 DAILYLAW 82879 (ALL)

KHURSHID v. UNION OF INDIA AND 2 OTHERS

WRIC/27193/2025 · 2025-08-19

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142568-DB Court No. - 21 Case :- WRIT - C No. - 27193 of 2025 Petitioner :- Khurshid Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Shivam Pandey,Suryaprakash Sharma Counsel for Respondent :- A.S.G.I.,C.S.C.,Devendra Gupta Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and Shri Devendra Gupta, learned counsel for respondents No. 1 & 2 and learned Standing Counsel for respondent No. 3. 2. The following prayer has been made in the present petition: "(a) Issue a writ, order or direction, in the nature of Mandamus directing the respondent No. 2 to re-issue the passport No. V0422319 in favour the petitioner pursuant to his application reference No. 24-0020975252 dated 20.12.2024, within stipulated period as may be fixed by this Hon'ble Court." 3. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner. 4. It is submitted that there is only one criminal case (S.T. No. 2235 of 2024) pending against the petitioner and the proceedings of the said case has been stayed by this Court in Criminal Misc. Application U/S 528 BNSS No. 1020 of 2025 and the stay order is still continuing. 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. 7. The application for no objection shall be decided by the court below without treating the stay of trial by this Court as impediment. Order Date :- 20.8.2025 gp (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad