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2025 DAILYLAW 123396 (ALL)

MOHAMMAD AYAZ @ ANAS v. UNION OF INDIA THRU. SECY. GOVT. OF INDIA MINISTRY OF EXTERNAL NEW DELHI AND 2 OTHERS

WRIC/1492/2025 · 2025-02-18

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10343-DB Court No. - 2 Case :- WRIT - C No. - 1492 of 2025 Petitioner :- Mohammad Ayaz @ Anas Respondent :- Union Of India Thru. Secy. Govt. Of India Ministry Of External New Delhi And 2 Others Counsel for Petitioner :- Rehan Ahmad Siddiqui Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned Counsel for the petitioner, Shri S.B. Pandey, learned Senior Advocate & D.S.G.I. assisted by Shri Varun Pandey, learned Counsel for the opposite parties. The petitioner had applied for permission / N.O.C. from the Court where the criminal trial is pending. The said permission has been declined by an order dated 04.01.2025 on merits. The remedy against such an order is not before the writ Court under Article 226 of the Constitution of India. It will have to be availed under the Criminal Procedure Code / Bharatiya Nagarik Suraksha Sanhita, 2023, as applicable in law, or if there is no remedy therein, then under Article 227 of the Constitution of India, as far as, it may be permissible. The writ petition is accordingly dismissed with the liberty aforesaid. Order Date :- 18.2.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench