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2025 DAILYLAW 83833 (ALL)

ZAHID BEG AND ANOTHER v. UNION OF INDIA AND 2 OTHERS

WRIC/26786/2025 · 2025-08-10

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135568-DB Court No. - 21 Case :- WRIT - C No. - 26786 of 2025 Petitioner :- Zahid Beg And Another Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Amar Nath Tiwari,Mohammad Abid Ali Counsel for Respondent :- A.S.G.I. (Senior Advocate), C.S.C. (Senior Advocate) Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the petitioners and Sri Sanjay Dwivedi, learned counsel for the respondents. 3. The petitioners earlier approached this Court by way of Writ-C No. 37737 of 2023 for a direction to Regional Passport Officer, Bareilly to re-issue passport to him. The said writ petition was disposed of by a Co-ordinate Bench of this Court vide order dated 01.11.2023 permitting the petitioners to apply for No-Objection before the competent criminal court as per law laid down in Writ-C No. 8621 of 2022, Shiv Shankar vs. Union of India decided on 3.12.2022. The operative part of the order is as follows: "4. Considering the facts and circumstances, we deem it appropriate to permit the petitioners to approach the competent Criminal Court to seek permission. In case any such application is moved within two weeks from today, the same would be considered and decided by the Court concerned, thereafter, the petitioners would be at liberty to press the application for issuing passport before the Passport Authority, which would also be addressed expeditiously in accordance with law. 5. With these observations, the writ petition is disposed of." 4. In pursuance thereof, the petitioners applied on 17.8.2024 for grant of no-objection before Additional Chief Judicial Magistrate, Court no. 3, Bareilly. On 18.6.2025 the application has been rejected as no one was present to press the application on the said date. 5. Learned counsel for the petitioners submits that learned Magistrate kept the application pending for considerable period and when on particular date, the petitioners were not present, the application was rejected. 6. The application for grant of no-objection for the passport should not have been kept pending for such a long period. However, since it is not disputed that the application was rejected when on the date, the petitioner was not present, therefore, we do not consider it appropriate to go further in the said issue and dispose of the instant petition with liberty to the petition to file fresh application for grant of no-objection before the jurisdictional criminal court and in the event, any such application is filed, the same shall be decided, positively, within three weeks without being influenced by the fact that the previous application was rejected in the absence of the petitioner. 7. It is further provided that in case, No-Objection is granted by the court, the Regional Passport Officer shall take the same into consideration and process the application of the petitioner for passport expeditiously. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 11.8.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad