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Neutral Citation No. - 2025:AHC:133923-DB Court No. - 21 Case :- WRIT - C No. - 26466 of 2025 Petitioner :- Anil Ojha Respondent :- Union Of India And Another Counsel for Petitioner :- Vinay Kumar Pandey Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Shri Vinay Kumar Pandey, learned counsel for the petitioner and Shri Rakesh Kumar Mishra, learned counsel for respondents.
2. The following prayers have been made in the present petition:
"(a) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to issue passport in favour of the petitioner within specific period as may be fixed by this Hon'ble Court, in accordance with law. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to take appropriate decision on the passport File No. LK3069869141224 dated 15.07.2024 made by the petitioner through online within stipulated time, which may be fixed by this Hon'ble Court, in accordance with law."
3. The passport has not been issued to the petitioner apparently on account of three FIRs bearing FIR No.0640 of 2018, under Sections 452, 506, 323 IPC, Police Station Soraon, District Prayagraj; FIR No.0160 of 2022, under Sections 406 & 420 IPC, Police Station Civil Lines, District Prayagraj; and FIR No.0356 of 2023, under Sections 506, 504, 406, 420 IPC, Police Station Civil Lines, District Prayagraj 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.
6. It is clarified that in one of the cases where the proceedings have been stayed by
order dated 11.11.2024 by this Court in Application U/S 482 No. 20345 of 2024, the stay of the proceedings shall not be an impediment in entertaining application for grant of no-objection.
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