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2025 DAILYLAW 147418 (ALL)

MAHTAB ALAM KHAN v. U.O.I. THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 3 OTHERS

WRIC/6070/2025 · 2025-07-08

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38976-DB Court No. - 2 Case :- WRIT - C No. - 6070 of 2025 Petitioner :- Mahtab Alam Khan Respondent :- U.O.I. Thru. Secy. Ministry Of External Affairs New Delhi And 3 Others Counsel for Petitioner :- Dinesh Kumar,Anand Kumar Arya,Neeraj Pal Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1.) None has put in appearance on behalf of the petitioner. Shri S.B. Pandey, learned Senior Advocate & D.S.G.I. assisted by Shri Varun Pandey, learned Counsel for the opposite parties 1 & 4 and Shri Raj Bux Singh, learned Standing Counsel for the opposite parties no. 2 & 3 are present. 2.) After hearing the parties what comes out is that though an F.I.R. was lodged against the petitioner bearing Case Crime No. 152 of 2020 under Sections 323, 504, 506 I.P.C. registered at Police Station - Asandra, District - Barabanki, as mentioned in Paragraph No. 4 of the petition. Learned Standing Counsel says that charge sheet has been filed in the said case in the Court of Criminal jurisdiction on 24.08.2021. 3.) In these circumstances, in view of the decision dated 01.05.2025 rendered in Writ C No. 1775 of 2025, Mohd. Talha Vs. Union of India & ors; and the earlier decision on the subject in the case of Salim Khan Vs. Union of India & 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 & Ors.; as also, the judgment dated 03.12.2022 in Writ C No. 8621 of 2022; Shiv Shankar Vs. Union of India & Ors.; the petitioner can seek permission / No Objection Certificate from the Court concerned where the criminal proceedings are pending. If such a permission / No Objection certificate is granted by the Court concerned, the same shall be submitted before the Regional Passport Officer, Lucknow who shall consider the application of the petitioner accordingly for issuance of the passport, as per law but with expedition. If the No Objection Certificate / permission is not granted, the petitioner may pursue other remedies, as per law. 4.) The writ petition is disposed of in the aforesaid terms. Order Date :- 8.7.2025/Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench