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2025 DAILYLAW 87545 (ALL)

PARMA NAND YADAV v. UNION OF INDIA AND 3 OTHERS

WRIC/28204/2025 · 2025-08-20

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143972-DB Court No. - 21 Case :- WRIT - C No. - 28204 of 2025 Petitioner :- Parma Nand Yadav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Abhishek Kumar Yadav,Daya Shanker Yadav Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. At the outset, learned counsel for the petitioner seeks liberty to correct the case crime number in the body of the writ petition. 2. The prayer is allowed. 3. Let necessary correction be carried out immediately. 4. Heard learned counsel for the petitioner and learned counsel for respondent. 5. The following prayer has been made in the present petition: "A. Issue a writ order or direction in the nature of mandamus commanding/directing the respondents/ authority concerned specially the respondent no.2 to consider and provide the passport, on Application dated 8.7.2025 having Application Reference No.25-0057665898 to the petitioner in accordance with law, expeditiously within stipulated time as framed by this Hon'ble Court in the facts and circumstances of the case." 6. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner bearing Case Crime No. 152 of 2005 under Sections 498-A and 306 IPC. 7. 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. 8. 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