KHALIL AHMAD v. UNION OF INDIA THROUGH SECRETARY MINISTRY OF EXTERNAL AFFAIRS AND 2 OTHERS
WRIC/2322/2025 · 2025-03-16
Ashwani Kumar Mishra, Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11288 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11288 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:37373-DB Court No. - 29 Case :- WRIT - C No. - 2322 of 2025 Petitioner :- Khalil Ahmad Respondent :- Union Of India Through Secretary Ministry Of External Affairs And 2 Others Counsel for Petitioner :- Mohd. Tauqeer,Pinki Singh,Rehana Khan,Rohit Singh Counsel for Respondent :- A.S.G.I.,Sanjay Dwivedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard learned counsel for the petitioner, learned counsel for the Union of India and learned Standing Counsel for the State.
2. Petitioner's application for issuance/re-issuance of passport apparently has been kept pending on account of his implication in a criminal case i.e. Case Crime No. 123 of 2016, under Section 354-A IPC, Police Station Holagarh, District Allahabad. 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 aforesaid criminal case cannot be a ground to deny 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/re-issuance of 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. Order Date :- 17.3.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad