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2025 DAILYLAW 91831 (ALL)

MOHAMMAD AKARAM ZAHEER KHAN v. UNION OF INDIA AND 2 OTHERS

WRIC/30690/2025 · 2025-09-24

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30690 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 counsel for the respondents. 2. The petitioner by means of present writ petition has prayed for following relief: " (i) Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos.2 and 3 to pass appropriate order on the explanation dated 14.08.2025 given by the petitioner. (ii) Issue a writ,order or direction in the nature of mandamus commanding the respondent Nos.2 and 3 to issue passport in favour of the petitioner. (iii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the c circumstances of the case. (iv) Award cost of the writ petition to the petitioner." 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. 96/2016, under Sections 498-A, 323, 504, 506 of IPC and 3/4 of Dowry Prohibition Act, Police Station Holagarh, District Allahabad, wherein final report has been submitted. 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. Versus Counsel for Petitioner(s) : Shashi Kant Shukla, Shekhar Mishra Counsel for Respondent(s) : A.S.G.I., Tapeshwari Prasad Mohammad Akaram Zaheer Khan .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) 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 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. 30690 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad