Danish Shakil v. Jitendra Singh
Case at a glance
- Bench
- SARAL SRIVASTAVA, SUDHANSHU CHAUHAN
Outcome
Disposed of
Accordingly, the present writ petition is disposed off
Provisions considered
- Indian Penal Code, 1860 ss. 34, 120B, 352, 380, 386, 419, 420, 457, 467, 468, 471, 504, 506
Key paragraphs
- Para 66. Accordingly, the present writ petition is disposed off. October 6, 2025 Anjali (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) ANJALI SHARMA High Court of Judicature at Allahabad
Judgment
HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J.
Heard learned counsel for the petitioner and learned A.C.S.C. for the State-respondents.
The petitioner by means of present writ petition has prayed for following relief:- "(i) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to re-issue the Passport to petitioner bearing Passport No. L5863448 having passport Application Reference No. 25- 0003153054. (ii) Issue any other suitable writ, order or direction in which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. "
Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in two Criminal Cases arising out of Case Crime No. 280 of 2018 under Sections 419, 420, 467, 468, 471, 506 I.P.C. and Case Crime No. 237 of 2021, under Sections 457, 380, 504, 506, 386, 352/34/120B I.P.C., Police Station- Kotwali, District- Azamgarh, and in the said cases, chargesheets have been submitted. 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 & others), in order to contend that mere pendency of criminal cases cannot be a ground to deny issuance of passport to the petitioner.
In the facts of the case, we permit the petitioner to approach the concerned court where the aforesaid cases are pending for grant of no objection certificate by the court concerned so that the passport authorities can take a 2 WRIC No. 17071 of 2025 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.
Operative part
Accordingly, the present writ petition is disposed off. October 6, 2025 Anjali (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) ANJALI SHARMA High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the present writ petition is disposed off
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 120B, 352, 380, 386, 419, 420, 457, 467, 468, 471, 504, 506.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.