Disposed

Bhim v. Union of India and Another

Allahabad HC10 Dec 2025WRIC/42526/2025

Case brief

AI extract

What is this about?

The Court allowed the petitioner to approach the tribunal court that stayed the criminal proceedings or the trial court for a no objection certificate. The passport authorities must decide the application based on such decision within two months, and the petition was disposed of.

What did the court decide?

Petitioner permitted to approach concerned court for no objection certificate; passport authorities to decide within two months; Petition disposed of.

Bhim vs Union of India and Another — Writ and Judicial Review | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - C No. - 42526 of 2025

Bhim

.....Petitioner(s)

Versus

Union Of India And Another

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.....Respondent(s)

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Counsel for Petitioner(s) : Pankaj Kumar Mishra
Counsel for Respondent(s) : A.S.G.I.

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Court No. - 35

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(Sl.No.40)

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HON'BLE ATUL SREEDHARAN, J. HON'BLE ANISH KUMAR GUPTA, J.

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Heard learned counsel for the petitioner and Sri Jitendra Prasad Mishra, learned counsel for the Union of India.

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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. 460 of 2024 under Sections 323, 504, 506 IPC, Police Station Hata, District Kushinagar cannot be a ground to deny issuance of passport to the petitioner provided appropriate permission is taken by the petitioner from the Court, where the case is pending.

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A coordinate Bench in Rahimuddin Vs. Union of India and another, Neutral Citation No.-2025:AHC:181505-DB has unequivocally held that where a criminal case has been stayed by a superior Court, the permission for issuance of the passport shall be sought from the superior Court, which stayed the criminal proceedings.

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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 or approach such superior Court, which has stayed the proceeding before the trial court or has passed the order granting any interim protection to the petitioner, so that the passport authorities take a

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WRIC No. 42526 of 2025

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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 and Rahimuddin (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.

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Accordingly, the present writ petition is disposed of.

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

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December 10, 2025

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Ashish Pd.

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Bhim v. Union of India and Another

Case brief

What is this about?

What did the court decide?

Bhim v. Union of India and Another

Case brief

What is this about?

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