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2025 DAILYLAW 8696 (ALL)

JAVED AHMAD v. UNION OF INDIA AND 2 OTHERS

WRIC/2249/2025 · 2025-01-23

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11914-DB Court No. - 29 Case :- WRIT - C No. - 2249 of 2025 Petitioner :- Javed Ahmad Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Deeksha Gupta,Siddharth Srivastava Counsel for Respondent :- A.S.G.I. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner's application for re-issuance of passport apparently has been kept pending on account of his implication in a criminal case. Reliance is placed upon the Division Bench judgment of this Court in Writ - C No. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India & 2 Ors.), in order to contend that mere pendency of Case Crime No. 72 of 2022, under Sections 323, 508, 504, 506 IPC, cannot be a ground to deny renewal of passport to the petitioner. 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 re-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. Accordingly, the present writ petition is disposed of. Sri Rajesh Tripathi, Advocate has appeared on behalf of Union of India. Order Date :- 23.1.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad