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2025 DAILYLAW 120476 (ALL)

VIJAY KUMAR CHAWLA v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIR NEW DELHI AND 2 OTHERS

/867/2025 · 2025-01-31

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6729-DB Court No. - 2 Case :- WRIT - C No. - 867 of 2025 Petitioner :- Vijay Kumar Chawla Respondent :- Union Of India Thru. Secy. Ministry Of External Affair New Delhi And 2 Others Counsel for Petitioner :- Kulbhushan Singh Sikarwar,Lovelesh Awasthi Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and Sri S.B. Pandey, learned Senior Advocate & D.S.G.I. assisted by Sri Varun Pandey, learned counsel for the opposite parties. 2. By means of this petition, the petitioner seeks issuance of passport for which an application has been submitted on 05.11.2024. The application for issuance of passport dated 05.11.2024 has not been decided. 3. We have passed several orders that in cases where criminal cases are pending trial before a Court of competent jurisdiction or there is an appeal or revision or 482 Cr.P.C. petition pending before a higher Court, No Objection Certification/ permission is required under the notifications issued by the Ministry of External Affairs referable to Passport Act, 1967 from the Court where such proceedings are pending. In spite of it everyday writ petitions are being filed before this Court. Once the law has been clarified there is no reason to approach this Court by filing a writ petition. The persons should straightway move an application for grant of such NOC/Permission in terms of the relevant notification and the law on the subject, as, in this case, admittedly, trial is pending and chargesheet filed therein has been challenged by the petitioner in proceedings under Section 482 Cr.P.C. before this Court bearing Application U/s 482 No.7387 of 2024 and the same is pending after the mater being referred to mediation. In this regard we may refer to our 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. The petitioner may also do the same. 4. With the aforesaid observations/directions, the writ petition is disposed of. (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 31.1.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench