Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30708 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioner by means of present writ petition has prayed for following relief:-
"(i) To issue a writ, order or direction in the nature of mandamus directing the respondent n o.4 to renew the passport of the petitioner, passport No. K6080932, expeditiously and within the stipulated period; (ii) To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (III) To award costs in favour of the petitioner throughout."
3. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in one criminal case bearing Case Crime No.7 of 2021, under Sections 269, 270, 277, 278, 284 I.P.C. and 3 & E of Kachra Act, 1919, Police Station Nagfani, District Moradabad, in which petitioner has been convicted only for fine of Rs.3300 which has been deposited by the petitioner, and proceeding of the said case has finalized. 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 & others), in order to contend that mere pendency of criminal cases cannot be a ground to deny issuance of passport to the petitioner. 4. 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 Versus Counsel for Petitioner(s) : Rahul Saxena Counsel for Respondent(s) : A.S.G.I., C.S.C., Vijay Kumar Mishra Danish .....Petitioner(s) Union Of India And 3 Others .....Respondent(s)
by the court concerned so that the passport authorities can take a fresh decision in the matter relating to issuance of the petitioner's passport. 5. 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. 6. Accordingly, the present writ petition is disposed off.
September 25, 2025 NS WRIC No. 30708 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad