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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32280 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned counsel for respondent.
2. The following prayer has been made in the present petition:
"1. Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 and 3 to decide the Application Reference No. 24-0010895854 and its File No. LK4069797148624 dated 28.06.2024 filed by the petitioner for issue Passport in favour of the petitioner in accordance with law within stipulated period as fixed by this Hon'ble Court."
3. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner bearing Case Crime No. 394 of 2023 under Sections 147, 148, 149, 307, 332, 336, 353, 392, 323, 504, 506, 34 IPC, Section 7 of the Criminal Amendment Act and Section 3 of the Prevention of Damage to Public Property Act.
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 grant of passport and the Regional Passport Officer shall act, accordingly. Versus Counsel for Petitioner(s) : Deep Narayan, Mukhtesh Kumar Counsel for Respondent(s) :
A.S.G.I., C.S.C. Pankaj .....Petitioner(s) Union Of India And 4 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 16, 2025 Ankit.
WRIC No. 32280 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad