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2025 DAILYLAW 8686 (ALL)

WAHEDA PARVEEN v. UNION OF INDIA AND 2 OTHERS

WRIC/1867/2025 · 2025-02-16

Ashwani Kumar Mishra, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22580-DB Court No. - 29 Case :- WRIT - C No. - 1867 of 2025 Petitioner :- Waheda Parveen Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Isarat Ali,Subhash Chandra Mishra Counsel for Respondent :- C.S.C.,Narendra Kumar Chatterjee Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. Heard learned counsel for the petitioner and learned counsel for the respondents. Grievance of the petitioner is that her application for issuance of passport is not being considered on account of adverse police verification report. Prayer is made to command the respondent to issue passport in favour of the petitioner. Instructions are obtained by learned counsel for the respondents according to which Case Crime No.679 of 2021, under Sections 447 IPC and 28(1) UP Shahri Niyuojan and Vikas Adhiniyam is pending against the petitioner. A Division Bench of this Court in Pawan Kumar Rajbhar vs. Union of India & 2 Ors. in Writ C No.41540 of 2023, decided on 19.1.2024 has examined the statutory scheme with respect of issuance of passport and has observed that in cases where criminal proceeding is pending it would be the appropriate court which would be in a better position to consider the question as to whether issuance of passport would be desirable in view of the pendency of criminal proceedings. In the facts of the case, we permit the petitioner to approach the concerned court where the aforesaid case is pending for grant of no objection certificate by the court concerned so that the passport authorities take a fresh decision in the matter relating to issuance of the petitioner's passport. Petitioner, therefore, is at liberty to approach the concerned court which shall act in terms of the law laid down in Pawan Kumar Rajbhar (supra) and based upon its decision, the passport authorities would do the needful by passing appropriate orders within a further period of two months, thereafter. With the above observation/direction, the writ petition stands disposed of. Order Date :- 17.2.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad