Dileep Kumar vs Union Of India And 4 Others
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Allahabad High Court

Dileep Kumar vs Union Of India And 4 Others on 11 June, 2025

Author: Siddhartha Varma

Bench: Siddhartha Varma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:96357-DB
 
Court No. - 10
 

 
Case :- WRIT - C No. - 19517 of 2025
 

 
Petitioner :- Dileep Kumar
 
Respondent :- Union Of India And 4 Others
 
Counsel for Petitioner :- Arvind Kumar Sahu,Praveen Kumar Srivastava
 
Counsel for Respondent :- A.S.G.I.,C.S.C.
 

 
Hon'ble Siddhartha Varma,J.
 

Hon'ble Harvir Singh,J.

1. Heard learned counsel for the petitioner, Shri Prashant Singh, learned counsel for the Union of India and the learned Chief Standing Counsel for the State.

2. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in a criminal case where the appellant has been bailed out. 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 & 2 Ors.), in order to contend that mere pendency of Case Crime No. 242 of 2022, under Sections 363, 366, 368, 376D(Dha)(Cha)/120B of I.P.C. & Section 5/6 of POCSO Act, Police Station- Khakhreru, District - Fatehpur, 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 take a fresh decision in the matter relating to issuance of the petitioner's passport. 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.

4. Also the petitioner may after getting the necessary orders from the Competent Court submit his reply to the show cause notice.

5. Accordingly, the present writ petition is disposed of.

Order Date :- 11.6.2025

PK

(Harvir Singh,J.) (Siddhartha Varma,J.)