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2025 DAILYLAW 94715 (ALL)

SANJAY KUMAR YADAV v. UNION OF INDIA AND ANOTHER

WRIC/31599/2025 · 2025-09-24

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31599 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and Sri Chandra Shaikhar Vaish, learned counsel for respondent nos. 1 & 2. 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 directing and commanding the respondent no.2, Regional Passport Officer, Regional Office Lucknow, Uttar Pradesh to renew the passport of the petitioner in pursuance of the application no.ARN24-0015691128 dated 24.09.2024. (ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent authorities to take appropriate decision for the issuance of the passport in favour of the petitioner in pursuance of the application no.ARN24-0015691128 dated 24.09.2024 ignoring the F.I.R. No.0334 of 2023 dated 15.10.2023. (iii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.2, Regional Passport Officer, Regional Office Lucknow, Uttar Pradesh to decide the renewal application of the petitioner forthwith ignoring the F.I.R. No.0334 of 2023 dated 15.10.2023. (iv) Issue any other suitable writ, order or direction in which this Hon'ble Court may deem fit and proper under the facts and c circumstances of the case. (v) Award the cost of the petition in favour of the petitioner." Versus Counsel for Petitioner(s) : Sheo Prasad Yadav, Shri Niwash Yadav Counsel for Respondent(s) : A.S.G.I. Sanjay Kumar Yadav .....Petitioner(s) Union Of India And Another .....Respondent(s) 3. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in one Criminal Case No.3560 of 2024 arising out of Case Crime No.0334 of 2023, under Sections 323, 504, 325, Police Station Ahraula, District Azamgarh, and in the said case, the petitioner has been granted bail by the competent court by order dated 24.10.2024. 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. 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. 31599 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad