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2025 DAILYLAW 142161 (ALL)

ANEES AFZAL v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND ANOTHER

WRIC/5157/2025 · 2025-05-30

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33388-DB Court No. - 2 Case :- WRIT - C No. - 5157 of 2025 Petitioner :- Anees Afzal Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And Another Counsel for Petitioner :- Farooq Ayoob,Km. Pooja Tiwari Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned Counsel for the petitioner and Shri S.B. Pandey, learned Senior Advocate & D.S.G.I. assisted by Shri Varun Pandey, learned Counsel for the opposite parties. The petitioner says that an application was sought to be filed before the Court of A.C.J.M., Court No. 18, Barabanki, but the same was not accepted. The application is for grant of permission to go abroad / issuance of passport. We see no reason as to why such an application would not be entertained in view of the law laid down by us in catona of decisions dated 20.11.2018 passed in Writ Petition No. 31723 (M/B) of 2018 'Salim Kumar vs. Union of India & Ors.'; judgment dated 03.12.2022 rendered in Writ-C No. 8621 of 2022 : 'Shiv Shankar vs. Union of India & Ors.'; decision dated 21.06.2022 rendered in Writ-C No. 3617 of 2022 : 'Smt. Rashmi Kapoor vs. Union of India & Ors.'; decision dated 13.11.2024 passed in Writ-C No. 9562 of 2024 and a recent decision dated 21.10.2024 rendered by this very Division Bench in Writ-C No. 8874 of 2024 'Shah Alam vs. Union of India & Ors.'. If any such application is filed before the Court below where the criminal trial against the petitioner is pending, it shall entertain the application and take a decision as per law but with expedition, say within a period of three weeks. The writ petition is accordingly disposed of. Order Date :- 30.5.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench