SHIVMUNI ALIAS SHIV KUMAR @ SHIVA KUMAR v. UNION OF INDIA AND 4 OTHERS
WRIC/32663/2025 · 2025-09-23
Arun Kumar, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 97137 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97137 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32663 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner, Mr. Krishna Kant Shukla, learned counsel for respondents no. 1 & 5 and learned Standing Counsel for respondent nos. 2, 3 & 4.
2. The following prayers have been made in the present petition:
"i. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 5 (Regional Passport Officer, Lucknow Region, Lucknow) to issue passport to the petitioner as early as possible within stipulated period.
ii. Issue, a writ, order or direction in the nature of mandamus directing the respondent no. 4 to make re-verification for the passport of petitioner on account of the aforesaid alleged one criminal case. iii. Issue any other suitable writ order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.
iv. Award the cost of the present writ petition to the petitioner."
3. The passport has not been issued to the petitioner apparently in view of pendency of a criminal case against the petitioner. Versus Counsel for Petitioner(s) : Anil Kumar, Yashpal Yadav Counsel for Respondent(s) : A.S.G.I., C.S.C., Krishna Kant Shukla Shivmuni Alias Shiv Kumar @ Shiva Kumar .....Petitioner(s) Union Of India And 4 Others .....Respondent(s)
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.
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 24, 2025 A. Mandhani WRIC No. 32663 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad