Riyajuddin vs Union Of India And 3 Others
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Allahabad High Court

Riyajuddin vs Union Of India And 3 Others on 25 November, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:210719-DB
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
WRIT - C No. - 41319 of 2025   
 
   Riyajuddin    
 
  .....Petitioner(s)   
 
 Versus  
 
   Union Of India And 3 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Surendra Mohan Mishra   
 
  
 
Counsel for Respondent(s)   
 
:   
 
A.S.G.I., C.S.C.   
 
     
 
 Court No. - 35
 
   
 
 HON'BLE ATUL SREEDHARAN, J.  

HON'BLE ANISH KUMAR GUPTA, J.

1. Heard Sri Surendra Mohan Mishra, learned counsel for the petitioner and Sri Rajesh Tripathi, learned counsel for the respondent nos. 1 to 3.

2. Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in a criminal case. 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. 223 of 2016, under Sections 325, 323, 504, 427 IPC, P.S. Pipraich, District Gorakhpur, Case Crime No. 501 of 2019, under Sections 504, 506 IPC, P.S. Pipraich, District Gorakhpur, Case Crime No. 353 of 2018, under Sections 147, 323, 534, 506, 308 IPC, P.S. Pipraich, District Gorakhpur, Case No. D2016053101194, under Section 3/4 Gunda Act, P.S. Pipraich, District Gorakhpur and Case No. 2248 of 2016, under Section 3/4 Gunda Act, P.S. Pipraich, District Gorakhpur, 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. Accordingly, the present writ petition is disposed of.

(Anish Kumar Gupta,J.) (Atul Sreedharan,J.)

November 25, 2025

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