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2025 DAILYLAW 84647 (ALL)

LAVIT VIKAL v. UNION OF INDIA AND 3 OTHERS

WRIC/27172/2025 · 2025-08-19

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141969-DB Court No. - 21 Case :- WRIT - C No. - 27172 of 2025 Petitioner :- Lavit Vikal Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Respondent :- A.S.G.I.,Akhilesh Kumar Mishra,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner, Shri Akhilesh Kumar Mishra, learned counsel for respondents No. 1 & 2 and learned Standing Counsel for respondents No. 3 & 4. 2. The following prayer has been made in the present petition: "(1) Issue, a writ or direction in the nature of mandamus directing the Respondent No. 2 (Passport Authority, Ghaziabad) to Expeditiously decide the Application for passport of the petitioner, same still is pending since 20.06.2025, within stipulated time granted by this Hon'ble Court." 3. The passport has not been issued to the petitioner apparently on account of FIR No. 0135 OF 2025, under Sections 115(2), 351(2), 131 of BNS, Police Station Incholi, District Meerut, FIR No. 0186 of 2025, under Section 316(2) of BNS, Police Station Kakor, District Bulandshahr, and FIR No. 0220 of 2023, under Sections 506, 504, 323 IPC, Police Station Incholi, District Meerut 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 :- 20.8.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad