Allahabad High Court

WRIC/17794/2026 of MOHAMMAD NABI RASOOL ANSARI Vs UNION OF INDIA AND 3 OTHERS on 5 May 2026

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JUDICATURE AT ALLAHABAD WRIT - C No. - 17794 of 2026 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE GARIMA PRASHAD, J. 1. Heard learned counsel for the petitioner and Sri O.P. Mishra, learned counsel for the respondent nos. 1 to 3 and learned Standing Counsel for the State. 2. The present

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 17794 of 2026

Court No. - 40

HON'BLE SARAL SRIVASTAVA, J.

HON'BLE GARIMA PRASHAD, J.

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1. Heard learned counsel for the petitioner and Sri O.P. Mishra, learned counsel for the respondent nos. 1 to 3 and learned Standing Counsel for the State.

2. The present writ petition has been filed seeking following substantial relief; "I. Issue a writ, in the nature of mandamus directing the respondent passport issuing authorities to consider and decide the issue with regard to the reissuance/renewal of the passport in favour of petitioner having renewal application no. ARN No. 24-2001981466 within a short stipulated time period as may be specified and directed by this Hon'ble Court."

3. The petitioner has applied for renewal of passport through respondent No.2. It appears that the request has not been granted so far on account of pendency of a criminal cases against the petitioner.

4. Learned counsel for the petitioner has not disputed about the pendency of criminal case against the petitioner. He submits that the petitioner be granted provisional passport to enable him to return to the country and thereafter he will apply for no-objection from the concerned court to facilitate issuance of passport.

5. Shri Om Prakash Mishra appearing for Union of India submits that the Versus Counsel for Petitioner(s) : Gaurav Tiwari, Tanveer Zafar Khan Counsel for Respondent(s) : A.S.G.I., C.S.C., Om Prakash Mishra Mohammad Nabi Rasool Ansari .....Petitioner(s) Union Of India And 3 Others .....Respondent(s)

petitioner can be granted Emergency Certificate in terms of Section 4(2)(a) of the Passports Act, 1967 to enable him to return to country and thereafter apply for no-objection from the concerned court, so that his request for renewal of the passport is considered.

6. In view of the above, we dispose of the instant petition with liberty to the petitioner to apply for Emergency Certificate before the respondent No.2 and in the event any such application is made, the same shall be considered by the respondent No.2 within two weeks. The petitioner after returning to the country may obtain no-objection from the concerned criminal court in terms of the law laid down 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, so that his application for grant of passport is processed. May 6, 2026 Sachin Mishra WRIC No. 17794 of 2026 2 (Garima Prashad,J.) (Saral Srivastava,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

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