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2025 DAILYLAW 85843 (ALL)

MOHD. RIZWAN v. UNION OF INDIA AND 2 OTHERS

WRIC/27366/2025 · 2025-08-20

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144168-DB Court No. - 21 Case :- WRIT - C No. - 27366 of 2025 Petitioner :- Mohd. Rizwan Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Deo Prakash Singh,Rishi Kumar Singh Counsel for Respondent :- Rajesh Tripathi,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 Rajesh Tripathi, learned counsel appearing for the respondents no.1 and 2. 2. The following prayer has been made in the present petition:- "i. issue a writ, order or direction in the nature of mandamus commanding the Respondent No.2 to reissue (renew) the Passport Normal pursuant to application dated 03.07.2025 of the petitioner bearing Application Reference No. (ARN) 25- 0057004116 File No. LK2069062118215 ignoring the criminal case bearing Case Crime No. 522 of 2018 under sections 147, 452, 354B, 323, 504 and 506 IPC, Police Station Kareli, District- Allahabad/Prayagraj pending against the petitioner within stipulated period fixed by this Hon'ble Court." 3. The passport of the petitioner is not being renewed apparently in view of pendency of a criminal case against the petitioner bearing Case Crime No.522 of 2018 under sections 147, 452, 354B, 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 renewal 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