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2025 DAILYLAW 9436 (ALL)

AMIT YADAV v. STATE OF UP AND 4 OTHERS

WRIC/2189/2025 · 2025-01-23

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12050-DB Court No. - 29 Case :- WRIT - C No. - 2189 of 2025 Petitioner :- Amit Yadav Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Brijesh Yadav,Pramod Kumar Sahani Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner has lost his passport and, therefore, an application for re-issuance of passport has been moved. Submission is that petitioner's application for re-issuance of passport apparently has been kept pending on account of his implication in a criminal case where the appellant has been bailed out. 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 & 2 Ors.), in order to contend that mere pendency of Case Crime No.113 of 2022 cannot be a ground to deny re-issuance of passport to the petitioner. 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 take a fresh decision in the matter relating to re-issuance of the petitioner's passport. 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. Accordingly, the present writ petition is disposed of. Order Date :- 23.1.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad