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Neutral Citation No. - 2025:AHC:144192-DB Court No. - 21 Case :- WRIT - C No. - 27328 of 2025 Petitioner :- Kishan Sahani Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Akash Kumar Nishad Counsel for Respondent :- A.S.G.I.,C.S.C.,Shiv Singh Yadav Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard learned counsel for the petitioner and Shri Shiv Singh Yadav, learned counsel for respondent.
2. The following prayers have been made in the present petition:
"1. Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to call for the entire report from respondent No.3 and to issue Passport in favour of the petitioner in accordance with law within stipulated period as fixed by this Hon'ble Court.
2. Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 and 3 to take appropriate action upon the application of the petitioner dated 23.12.2024."
3. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner bearing Case Crime No. 690 of 2023 under Sections 323, 504 and 506 IPC.
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 :- 21.8.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad