Neutral Citation No. - 2025:AHC-LKO:38700-DB Court No. - 2 Case :- WRIT - C No. - 6403 of 2025 Petitioner :- Asmat Ullah Khan Respondent :- Union Of India Thru. Its Secy. Ministry Of External Affairs New Delhi And 2 Others Counsel for Petitioner :- Ajai Vikram Singh,Laxmi Narayan Gupta Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. The petitioner was issued a passport. While applying for the passport the petitioner, for some reason, could not or did not disclose the pendency of criminal proceedings against him nor pendency of an application under Section 482 Cr.P.C. filed by him before this Court in 2017, wherein interim order was granted on 14.09.2017. Be that as it may, the passport was issued under the Tatkal scheme without police verification. Subsequently when the police verification report was received, it was revealed that there is a criminal case pending against the petitioner, hence, passport has been impounded. Under Section 10(3)(b) of the Passport Act, 1967 passport or travel document obtained by suppression of material information or on the basis of wrong/ false information provided by the holder of the passport or travel documents, or any other person on his behalf, can be impounded. Now the learned counsel for the opposite party states that non-disclosure of aforesaid would lead to further criminal proceedings against the petitioner, however he does not dispute the fact that if the petitioner gets a No Objection Certificate from the Court where the listed criminal case against the petitioner is pending, then that can be a factor in favour of the petitioner subject to any action being taken for the alleged non-disclosure under Section 10(3)(b) of the Passport Act, 1967. 3. In these circumstances, therefore, in view of the decision dated 01.05.2025 rendered in Writ C No.1775 of 2025 Mohd. Talha vs. Union of India & 2 Ors. and our earlier decisions on the subject 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 passed in Writ C No.8621 of 2022; Shiv Shankar vs. Union of India and others; decision dated 21.06.2022 rendered in Writ-C No.3617 of 2022 Smt. Rashmi Kapoor vs. Union of India and others; decision dated 13.11.2024 passed in Writ-C No.9562 of 2024 'Anand Kumar Singh Vs. Union of India & Ors.' 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.' and also the decision of Hon'ble Supreme Court dated 10.10.2019 passed in SLP (C) No.7481/2024 'Rita Verma Vs. Union of India and Others', let the petitioner seek permission/no objection from the court where the criminal case is pending in the light of the notification referred in our judgments and thereafter if such permission/no objection is granted, then the petitioner can apprise the Regional Passport Officer about the said order and the Regional Passport Officer shall take a decision in this matter, however, if the permission/no objection is not granted, then the petitioner will have to avail other remedies. 4. It shall be open for the Regional Passport Officer while taking the decision as aforesaid to consider any other aspect such as non-disclosure under Section 10(3)(b) of the Passport Act, 1967. 5. The petition is disposed of accordingly. . (Om Prakash Shukla, J.)(Rajan Roy, J.) Order Date :- 8.7.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench