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2025 DAILYLAW 83721 (ALL)

MOHAMMAD HASHIM SIDDIQUI v. UNION OF INDIA AND ANOTHER

WRIC/26519/2025 · 2025-08-06

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133812-DB Court No. - 21 Case :- WRIT - C No. - 26519 of 2025 Petitioner :- Mohammad Hashim Siddiqui Respondent :- Union Of India And Another Counsel for Petitioner :- Manish Kumar Singh,Raunak Singh 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 Sri Prem Narayan Rai, learned counsel appearing for the respondents. 2. The following prayers have been made in the present petition:- "(i) Issue writ, order, or direction in the nature of mandamus commanding and directing the respondent no.2 to issue a new passport to the petitioner in place of his earlier passport no.L3125280) 10.07.2013, of the which (passport petitioner dated valid was from 10.07.2013 to 09.07.2023 within specific period as may be fixed by this Hon'ble Court in according with law. (ii) Issue a new passport to the petitioner in place of his earlier passport (passport no.L3125280) of the petitioner dated 10.07.2013, which was valid from 10.07.2013 to 09.07.2023 within specific period as may be fixed by this Hon'ble Court in according with law. (iii) Issue writ, order, or direction in the nature of mandamus directing the respondent no.2 to take appropriate decision the on re-issue (passport) application dated 01.05.2024." 3. The passport of the petitioner is not being renewed apparently in view of pendency of a criminal case 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 renewal 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. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.8.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad