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Neutral Citation No. - 2025:AHC:136914-DB Court No. - 21 Case :- WRIT - C No. - 27059 of 2025 Petitioner :- Navi Ahmad Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Upendra Kumar Singh 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 and Shri Ajay Kumar Gautam, learned counsel for respondent no.2.
2. The following prayers have been made in the present petition:
"I. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2/Regional Passport Officer, Bareilly to issue the Fresh Passport to the petitioner at an early date in pursuance to the Application Reference No.25-0005440978 dated 14.04.2025 (Passport File No.BL1060933581025 dated 24.04.2025). II. Issue a writ, order or direction in the nature of mandamus directing to the respondent nos.3 and 4, namely, the Superintendent of Police, Bareilly and the Station House Officer, Police Station- Nawabganj, District- Bareilly respectively to submit the police verification report before the respondent no.2/Regional Passport Officer, Bareilly for issuance of fresh passport to the petitioner."
3. The case of the petitioner is that out of two criminal cases against the petitioner, in one of the criminal cases, the petitioner has been acquitted, while in the second case bearing Case Crime No.768 of 2005 under Section 294 IPC and Section 60/63 Copy Right Act, the trial is pending, due to which passport is not being issued to 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. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 12.8.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad