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2025 DAILYLAW 86113 (ALL)

HARISH CHANDRA CHAUHAN v. UNION OF INDIA AND 2 OTHERS

WRIC/27607/2025 · 2025-09-08

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27607 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The petitioner has prayed for a writ of mandamus commanding respondent no.2-Regional Passport Officer, Lucknow to consider his application for renewal of the passport bearing Reference No.100026295400003. 2. The petitioner is presently in Dubai. He has applied for renewal of his passport. 3. On the previous date, learned counsel for the respondent no.2 stated that since application was filed by the petitioner at the office of Consulate General of India, U.A.E., Dubai, therefore, respondent no.2 has no jurisdiction in the matter. 4. In pursuance of order dated 29.8.2025, Sri Sunil Sharma, learned counsel for the respondent no.2 has obtained further instructions. He states that the petitioner has to contact the Consulate General of India, U.A.E., Dubai for further action in the matter. He also states that for returning to the country, the petitioner can obtain Emergency Certificate as contemplated under Section 4(2)(a) of the Passport Act, 1967. 5. Learned counsel for the petitioner admits that a criminal case is pending against the petitioner and so far, the petitioner has not obtained no-objection from the concerned jurisdictional Magistrate in terms of Division Bench judgment of this Court 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. Versus Counsel for Petitioner(s) : Sanjay Kumar Yadav Counsel for Respondent(s) : A.S.G.I., Sunil Sharma Harish Chandra Chauhan .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) 6. In view of the above, we dispose of the instant petition by permitting the petitioner to apply for Emergency Certificate for return to the country and thereafter it will be open to the petitioner to seek no-objection from the concerned jurisdictional Magistrate for further processing of his application for renewal of passport. September 9, 2025 Anil WRIC No. 27607 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad