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2025 DAILYLAW 142926 (ALL)

SMT. GAJAL AKBAR v. U.O.I. THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND ANOTHER

WRIC/5325/2025 · 2025-06-12

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35315-DB Court No. - 2 Case :- WRIT - C No. - 5325 of 2025 Petitioner :- Smt. Gajal Akbar Respondent :- U.O.I. Thru. Secy. Ministry Of External Affairs New Delhi And Another Counsel for Petitioner :- Arjun Kumar Kaushal Counsel for Respondent :- A.S.G.I. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,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 Union of India. The present petition has been filed seeking the following main relief(s):- "i. Issue a Writ, order or direction in the nature of mandamus, thereby commanding and directing the opposite parties to take appropriate action against the opposite party no.2 to reissue the Passport in favour of the petitioner in the interest of justice." On being confronted after taking note of the prayer sought in the present petition quoted herein-above as also the law laid down in various pronouncements including in the recent judgment dated 01.05.2025 passed by the Division Bench of this Court in Writ- C No.1775 of 2025 (Mohd. Talha Vs. Union of India and two others), learned counsel for the petitioner says that the present petition may be dismissed with liberty to the petitioner to approach the concerned court by moving an appropriate application, which shall be decided with expedition. As per the judgment passed in the case of Mohd. Talha (supra), the petitioner shall have to seek permission from the Court of criminal jurisdiction, where the case is pending and if, N.O.C./permission for going aboard is granted by the aforesaid Court, then, the petitioner shall submit the same before the Regional Passport Officer concerned who shall then process the application of the petitioner for issuance of passport as per the law and take a decision within a period of three weeks from the date of submission of such NOC/permission. Accordingly, the present petition is dismissed with liberty to the petitioner to approach the court concerned by moving an appropriate application. In case, such an application is filed, the same shall be decided by the court concerned with expedition. Order Date :- 12.6.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench