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2025 DAILYLAW 83718 (ALL)

NISHAR AHMAD v. UNION OF INDIA AND 3 OTHERS

WRIC/26480/2025 · 2025-08-06

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133685-DB Court No. - 21 Case :- WRIT - C No. - 26480 of 2025 Petitioner :- Nishar Ahmad Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Karuna Nidhi Pandey,Shiv Chandra 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 Sanjay Dwivedi, learned counsel for respondents No. 1 & 2 and learned standing counsel for respondents No. 3 & 4. 2. The following prayers have been made in the present petition: "1. Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no.3/concerned police authority to verify the application for issuance of passport of the petitioner and thereafter direct the respondent no.2 to process the application of the petitioner with regard to issuance of passport expeditiously. 2. Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no. 3 to consider and decide the application of the petitioner dated 16.05.2025 pending before him, within stipulated period of time as fixed by this Ho'ble Court." 3. The passport has not been issued to the petitioner apparently on account of Case Crime No. 101 of 2024, under Sections 506, 504, 323, 34 of IPC, Police Station Sidhari, 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