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Neutral Citation No. - 2025:AHC:143904-DB Court No. - 21 Case :- WRIT - C No. - 26044 of 2025 Petitioner :- Sajjan Sahani Respondent :- Union Of India And Another Counsel for Petitioner :- Abhishek Chauhan,Mukteshwar Upadhyay,Sarvottam Kumar Saini,Sumant Kumar Tiwari Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard learned counsel for the petitioner and Shri Mukteshwar Upadhyay, learned counsel for respondents no.1 and 2.
2. The following prayer has been made in the present petition:
"1. A writ order or direction in the nature of mandamus directing and commanding to the respondent No.-2 (Regional Pass-port Officer, Lucknow) to issue the passport to the petitioner and also direct the respondent No.-2 to decide the application of the petitioner forthwith, ignoring the F.I.R. lodged against him in case crime No.- 429/2022, under section 147, 323, 504, 506 I.P.C. and Section 3[2] [Va] of SC/ST Act., P.S.- Gauri Bazar, District Deoria, within a stipulated period."
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. 429 of 2022 under Sections 147, 323, 504 and 506 I.P.C. and Section 3[2] [Va] of SC/ST Act.
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