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2025 DAILYLAW 85823 (ALL)

BHAGIRATHI v. UNION OF INDIA AND 4 OTHERS

WRIC/27644/2025 · 2025-09-14

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27644 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. Heard Shri Akash Kumar Nishad, learned counsel for the petitioner, Shri Shyam Singh Sengar, learned counsel for respondents No.1 to 3 and learned standing counsel for respondents No.4 & 5. 2. The following prayer has been made in the present petition: "(i). Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to call or 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. (ii). 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 22.05.2024." 3. The passport has not been issued to the petitioner apparently on account of Case Crime No. 398 of 2012, under Sections 147, 148, 149, 323, 504, 506, 452, 325, 427 IPC, Police Station Rudrapur, District Deoria 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 Versus Counsel for Petitioner(s) : Akash Kumar Nishad Counsel for Respondent(s) : A.S.G.I., C.S.C., Shyam Singh Sengar Bhagirathi .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) 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. September 15, 2025 Ashok Kr. WRIC No. 27644 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad