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2025 DAILYLAW 89323 (ALL)

RIZWAN AHMAD v. UNION OF INDIA AND 2 OTHERS

WRIC/29884/2025 · 2025-09-21

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29884 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. Heard Ms. Shabana Nizam, learned counsel for the petitioner and Shri Krishna Deo Rai, learned counsel for respondents Nos. 1 to 3. 2. The following prayers have been made in the present petition: "I- Issue a writ order or direction of a suitable nature mandamus directing the respondent no. 3 to reissue the passport of the petitioner within stipulated time." 3. The petitioner has applied for re-issuance of passport and the application filed in this behalf is stated to be pending apparently on account of pendency of a criminal case bearing Case Crime No. 86 of 2017, under Section 127Kha of the People Representation Act and under Section 171-H, 188 IPC, Police Station Bhelupur, District Varanasi 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 re-issuance 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) : Aamir Nizam, Shabana Nizam Counsel for Respondent(s) : A.S.G.I., Krishna Deo Rai Rizwan Ahmad .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) shall proceed to take further action in the matter taking into notice the no- objection granted by the court. September 22, 2025 A. V. Singh WRIC No. 29884 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad