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2025 DAILYLAW 83397 (ALL)

DOODH NATH v. UNION OF INDIA AND 4 OTHERS

WRIC/26411/2025 · 2025-08-06

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133471-DB Court No. - 21 Case :- WRIT - C No. - 26411 of 2025 Petitioner :- Doodh Nath Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Ravindra Kumar Yadav,Sandeep Kumar Yadav Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner, Shri Pankaj Kumar, learned counsel for respondents No. 1 & 5 and learned standing counsel for respondents No. 2, 3 & 4. 2. The following prayers have been made in the present petition: "(A) Issue a writ, order or direction in the nature of mandamus to direct the respondent No. 5 to issue new passport to the petitioner for employment at abroad as possible within stipulated period and further direct the respondent No. 4 not to make impediment in making verification for new passport to the petitioner on account of alleged first information report. (B) Issue a writ, order or direction in the nature of mandamus direct the respondent No. 4 not to make impediment in making verification for new passport to the petitioner on account of the alleged first information report." 3. The passport has not been issued to the petitioner apparently on account of FIR No. 0105 of 2020, under Sections 147, 323, 506, 427 IPC, Police Station Bilariyaganj, 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 :- 7.8.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad