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2025 DAILYLAW 119521 (ALL)

HARSH SHARMA v. UNION OF INDIA THRU. SECY. MINISTRY OF FOREIGN AFFAIRS NEW DELHI AND ANOTHER

WRIC/724/2025 · 2025-02-04

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7037-DB Court No. - 2 Case :- WRIT - C No. - 724 of 2025 Petitioner :- Harsh Sharma Respondent :- Union Of India Thru. Secy. Ministry Of Foreign Affairs New Delhi And Another Counsel for Petitioner :- Anand Prakash Singh Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioner and Sri S.B. Pandey, learned Senior Counsel & D.G.S.I. assisted by Sri Varun Pandey, learned counsel for the opposite parties. 2. The fact of the case in brief are that a passport had been issued to the petitioner on 16.01.2014 bearing No.16839664. After issuance, a criminal case bearing Case Crime No.0555/2016 for the offence under Sections-447, 504, 506 I.P.C. lodged at P.S.-Gomti Nagar, District-Lucknow was lodged against him on 08.05.2016. On 06.03.2021, final report was submitted in the matter. However, on a protest application having been filed, the final report was not accepted and the same was rejected on 04.04.2024 and the proceedings are now going on as a complaint case. Now, criminal case is pending adjudication before the magistrate concerned. In the meantime, the aforesaid passport was renewed on 25.04.2024. On account of the subsequent development, the passport issued to the petitioner earlier has been impounded. 3. Considering the facts of the case, petitioner should seek No- Objection Certificate/ permission from the court of criminal jurisdiction where the aforesaid criminal case is pending for reissuance of passport or return of the same as may be be prescribed and also for going abroad in terms of various notifications issued by Government of India referable to the Passports Act, 1967 and as has already been considered in a catena of decisions by this Court such as decisions dated 03.12.2022 in Writ C No.8621 of 2022; Shiv Shankar vs. Union of India and others and the earlier decision on the subject in the case of Salim Khan vs. Union of India and Ors; Writ Petition No.31723 (M/B) of 2018 dated 20.11.2018 and judgment dated 21.06.2022 rendered in Writ C No.3617 of 2022 ; Smt. Rashmi Kapoor vs. Union of India and others and Judgment dated 15.01.2025 rendered in Writ - C no. 281 of 2025; Sanjay Kumar Pandey Vs. Union of India and Ors. 4. With these observations/ direction, the petition is disposed of. 5. Needless to say that if any such permission is granted, the Regional Passport Officer shall do the needful as per law but with expedition say within three weeks of grant of such N.O.C./ permission. However, if it is not granted then the petitioner shall be at liberty to proceed further in the matter and seek appropriate remedy. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 4.2.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench