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2025 DAILYLAW 91512 (ALL)

FAKARUDDIN v. UNION OF INDIA AND 3 OTHERS

WRIC/31017/2025 · 2025-09-21

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31017 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. Heard Shri Surendra Mohan Mishra, learned counsel for the petitioner, Ms. Tabassum Hashmi, learned counsel for respondents No. 1 to 3 and learned Standing Counsel for respondents No. 4. 2. The following prayers have been made in the present petition: "(I) Issue a writ, order or direction in the nature of writ of Mandamus directing the respondent no. 2 and 3 to renew the passport of the petitioner." 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. 1084 of 2015, under Sections 147, 148, 308, 323, 452, 504, 506 IPC, Police Station Gauri Bazar, District Deoria 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) : Surendra Mohan Mishra Counsel for Respondent(s) : A.S.G.I., C.S.C. Fakaruddin .....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 22, 2025 A. V. Singh WRIC No. 31017 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad