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2025 DAILYLAW 83219 (ALL)

YOGENDRA YADAV v. UNION OF INDIA AND 2 OTHERS

WRIC/26200/2025 · 2025-08-20

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144246-DB Court No. - 21 Case :- WRIT - C No. - 26200 of 2025 Petitioner :- Yogendra Yadav Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Aditya Upadhyay,Ambrish Pandey Counsel for Respondent :- A.S.G.I.,Narendra Kumar Chatterjee Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Shri Ambrish Pandey, learned counsel for the petitioner and Shri N.K. Chatterjee, learned counsel for respondents. 2. The following prayer has been made in the present petition: "a) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents (especially respondent no.2) to issue the fresh passport in which the petitioner allotted application reference no. 25-0050844297 dated 05.05.2025 issued by the Ministry of External Affairs, Government of India in favour of the petitioner so that he may earn his livelihood and live her life with dignity." 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. 608 of 2021 under Sections 34, 323, 504 and 506 IPC 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