Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31712 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. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in criminal case i.e. Case Crime No.1204 of 2016, Under Sections 147, 341, 353 IPC, Police Station Nai Mandi, District Muzaffarnagar. 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 case cannot be a ground to deny issuance of passport to the petitioner.
3. 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.
4. 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. Versus Counsel for Petitioner(s) : Chandra Shekhar Pal, Sunil Kumar Yadav Counsel for Respondent(s) : A.S.G.I., C.S.C., Deepak Singh Naushad Ali .....Petitioner(s) Union Of India And 4 Others .....Respondent(s)
5. Accordingly, the present writ petition is disposed off. September 25, 2025 SS WRIC No. 31712 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad