NAUSHAD v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS GOVT. OF INDIA NEW DELHI AND 2 OTHERS
WRIC/1761/2025 · 2025-02-28
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124993 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124993 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12121-DB Court No. - 2 Case :- WRIT - C No. - 1761 of 2025 Petitioner :- Naushad Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs Govt. Of India New Delhi And 2 Others Counsel for Petitioner :- Hanumant Lal Yadav,Alok Kumar Vishwakarma Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard counsel for the petitioner and Shri S.B. Pandey, Senior Advocate and Deputy Solicitor General of India assisted by Shri Varun Pandey for opposite party nos. 1 to 3.
2. The petitioner's application for renewal/re-issuance of passport is said to be pending since 14.12.2024. However, counsel for opposite party nos. 1 to 3 submits that there is a criminal trial pending against the petitioner. Therefore, he has to seek permission from the court where the proceedings are pending.
3. If the petitioner is residing abroad then he can seek permission from the court where the criminal proceedings are pending in view of the decision 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 or he may apply for an emergency certificate as provided under Section 4 (2) of the Passport Act, 1967 and the Passport Manual for entering into India and seeking such permission as the case may be. If such a permission/NOC is granted by the Court concerned, the same shall be submitted before the Regional Passport Officer who shall consider the application of the petitioner accordingly, as per law but with expedition say, within one month of submission of such NOC/permission.
4. The writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.]
Order Date :- 28.2.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench