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2025 DAILYLAW 91372 (ALL)

MO. FAISAL v. UNION OF INDIA AND 2 OTHERS

WRIC/30548/2025 · 2025-09-17

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30548 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner, learned counsel for respondents No. 1 and learned standing counsel for respondents Nos. 2 & 3. 2. The following prayer has been made in the present petition: (i) issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the application form dated 18.07.2025 for issue of passport of the petitioner within stipulated period as may be fixed by this court. 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 Case Crime No. 142 of 2020, under sections 147, 452, 323, 504, 506, 427, 436 IPC, Police Station Charthawal, District Muzaffar Nagar 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 shall proceed to take further action in the matter taking into notice the no-objection granted by the court. September 18, 2025 Monika Versus Counsel for Petitioner(s) : Nasim Uddin Counsel for Respondent(s) : A.S.G.I., Javed Alam, Umesh Chandra Tripathi (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Mo. Faisal .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad