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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30776 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. Heard Shri Gautam, learned counsel for the petitioner and Shri Varun Kumar Srivastava, learned counsel for respondents No. 1 & 2 and learned standing counsel for respondents.
2. The following prayer has been made in the present petition:
"To issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to consider the passport file no. LKQ070857378425 of petitioner, and issue the passport in favour of petitioner forthwith."
3. The passport has not been issued to the petitioner apparently on account of Case Crime No. 0405 of 2022, u/s 498-A, 323, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Kotwali Orai, District Jalaun against the petitioner. In the criminal case, a petition under Section 482 Cr.P.C. bearing No.3294 of 2023 was filed by the petitioner and in which there is an order dated 21.02.2023 for not taking any coercive action against the petitioner. Counsel for the petitioner states that the mediation between the parties carried out in pursuance of the said order has failed, but the interim order has been duly extended.
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 grant of passport and the Regional Passport Officer shall act, accordingly.
5. In view of the aforesaid position, we dispose of the writ petition with Versus Counsel for Petitioner(s) : Gautam Counsel for Respondent(s) : A.S.G.I. Divash Nikhra .....Petitioner(s) Union Of India And Another .....Respondent(s)
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 4, 2025 Mukesh Kr.
WRIC No. 30776 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad