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Allahabad High Court · body

2025 DAILYLAW 86888 (ALL)

MITHUN v. UNION OF INDIA AND 3 OTHERS

WRIC/28164/2025 · 2025-09-10

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28164 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. Heard Shri Pradeep Kumar, learned counsel for the petitioner, Shri Ankur Goyal, learned counsel for respondents No. 1 & 2 and learned standing counsel for respondents No. 3 & 4. 2. The following prayer has been made in the present petition: "Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents No. 3 to 4 to issue the police clearance certificate in favour of the petitioner as early as possible." 3. The passport has not been issued to the petitioner apparently on account of Case Crime No. 0320/2024, under Sections 323, 504, 506, 452 IPC, Police Station Ahirauli, District Kushinagar, 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 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 Versus Counsel for Petitioner(s) : Mohd Hamid, Pradeep Kumar Counsel for Respondent(s) : A.S.G.I., Ankur Goyal, C.S.C. Mithun .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) shall proceed to take further action in the matter taking into notice the no- objection granted by the court. September 11, 2025 Mukesh Kr. WRIC No. 28164 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad