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2025 DAILYLAW 83753 (ALL)

SHAHID v. UNION OF INDIA AND 2 OTHERS

WRIC/26263/2025 · 2025-08-20

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144215-DB Court No. - 21 Case :- WRIT - C No. - 26263 of 2025 Petitioner :- Shahid Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Anoop Kumar Dubey,Surabhi Chandra Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranat Chaudhri Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and Shri Pranat Chaudhri, learned counsel appearing for the respondent. 2. The following prayer has been made in the present petition:- "(i) Issue a writ, order or direction in the nature of Mandamus commanding/directing the respondent authorities to re-issue the passport of the petitioner within the time frame as stipulated by this Hon'ble Court." 3. The passport of the petitioner is not being renewed apparently in view of pendency of a criminal case against the petitioner bearing Case Crime No.163 of 2020 under Sections 153(A), 295(A) and 505(1) IPC and 66 of IT Act in which charge-sheet has been submitted. 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. (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