RAHUL KUMAR CHOUDHARY v. UNION OF INDIA AND 2 OTHERS
WRIC/31614/2025 · 2025-09-10
Arun Kumar, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 94191 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 94191 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31614 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. Heard Shri Sushil Kumar Pandey, learned counsel for the petitioner, Shri Ashish Tripathi, learned counsel for respondents No. 1 & 2 and learned Standing Counsel for respondents No. 3. 2. The following prayers have been made in the present petition:
"(a). Issue a writ, order or direction in the nature of certiorari, calling for the record and to quash the order impugned dated 7.3.2025 passed by the respondent No.2 (Annexure No.6 to this writ petition) differing the re-issuance of petitioner's passport by asking him to submit the permission/NOC from the concerned court to depart from India. (b). Issue a writ, order or direction in the nature of mandamus commanding the respondents particularly respondent no.2 to consider the petitioner's application File No. GZ04C4077914622 dated 7.9.2022 for renewal of his passport and to pass an appropriate order within some stipulated period to be specified by this Hon'ble 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 pendency of a criminal case bearing Case Crime No. 187 of 2018, under Sections 308, 323/34, 324/34, 452, 504, 506 IPC, Police Station Shahpur, District Muzaffar Nagar against the petitioner. Versus Counsel for Petitioner(s) : Sushil Kumar Pandey Counsel for Respondent(s) : A.S.G.I., Ashish Tripathi, C.S.C. Rahul Kumar Choudhary .....Petitioner(s) Union Of India And 2 Others .....Respondent(s)
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 11, 2025 Ashok Kr.
WRIC No. 31614 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad