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Allahabad High Court · body

2025 DAILYLAW 94722 (ALL)

VIJAY CHAND v. UNION OF INDIA AND 3 OTHERS

WRIC/31649/2025 · 2025-09-10

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31649 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner, Shri Ashutosh Srivastava, learned counsel for respondents No. 1 & 2 and learned Standing Counsel for respondents No. 3 & 4. 2. The following prayers have been made in the present petition: "(a). Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to decide the application for of the petitioner dated 20.06.2024 (Annexure no.2) for issuance of renewal of passport." 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. 0169 of 2020, under Sections 147, 148, 149, 323, 427, 504, 506 IPC and 3(1)(Da), 3(1)(Dha) of SC/ST Act, Police Station Gagaha, District Gorakhpur against the petitioner. 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. Versus Counsel for Petitioner(s) : Abhay Kumar Singh, P.K. Upadhyay Counsel for Respondent(s) : A.S.G.I., C.S.C. Vijay Chand .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) 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. 31649 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad