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2025 DAILYLAW 141436 (ALL)

MOHAMMAD TARIQUE KHAN THRU. HIS COUSIN MOHD. NASEEM KHAN v. UNION OF INDIA THRU. SECY. MINISTRY EXTERNAL AFFAIRS NEW DELHI AND 3 OTHERS

WRIC/4855/2025 · 2025-07-23

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42208-DB Court No. - 2 Case :- WRIT - C No. - 4855 of 2025 Petitioner :- Mohammad Tarique Khan Thru. His Cousin Mohd. Naseem Khan Respondent :- Union Of India Thru. Secy. Ministry External Affairs New Delhi And 3 Others Counsel for Petitioner :- Rahul Roshan Dubey Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard Shri Rahul Roshan Dubey, learned counsel for the petitioner and Shri S.B. Pandey, learned Senior Advocate & Deputy Solicitor General of India assisted by Shri Varun Pandey, learned counsel appearing for the respondent nos. 1 to 3. As the criminal Court has summoned the petitioner, who is at present in Oman and in the interregnum when he sought correction of name of his wife in his Passport on an adverse Police verification report on account of pendency of criminal case, the passport itself has been cancelled and the application of the petitioner for grant of N.O.C. in terms of our judgment dated 23.04.2025 has also been rejected inter-alia on the ground that petitioner has not put in appearance in the criminal case. We provide that the petitioner should apply for emergency certificate under Section 4 (2) of the Passport Act, 1967 for entering into India and then appear before the court concerned. After he puts in his appearance, if there is a cause, he can apply afresh for grant of N.O.C. in terms of the notification referred in our judgments, which are mentioned in the judgment dated 23.04.2025 passed in Writ C No. 3847 of 2025, which application would be considered afresh strictly in accordance with our judgments mentioned in the order dated 23.04.2025 and the notifications referred therein irrespective of the order dated 17.05.2025 as the N.O.C. would be required by the petitioner for re-issuance of the passport after cancellation. Writ petition stands disposed of. [Manish Kumar, J.] [Rajan Roy,J] Order Date :- 23.7.2025/Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench