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2025 DAILYLAW 150103 (ALL)

NIRAJ YADAV v. UNION OF INDIA THRU. SECY. MINISTRY EXTERNAL AFFAIRS NEW DELHI AND ANOTHER

WRIC/6436/2025 · 2025-07-16

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40510-DB Court No. - 2 Case :- WRIT - C No. - 6436 of 2025 Petitioner :- Niraj Yadav Respondent :- Union Of India Thru. Secy. Ministry External Affairs New Delhi And Another Counsel for Petitioner :- Dilip Kumar Pandey Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1.) 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. 2.) Learned Counsel for the petitioner submits that there are four criminal cases pending against the petitioner wherein charge sheet has been filed. The details of the cases mentioned in Paragraph 7 & 8 of the petition are as under:- (a.) Case Crime No. 148 of 2022 under Sections 392, 411, 413 I.P.C. registered at Police Station - Kotwali Nagar, District - Raebareli. (b.) Case Crime No. 183 of 2022 under Sections 3/25 Arms Act, registered at Police Station - Kotwali Nagar, District - Raebareli. (c.) Case Crime No. 184 of 2022 under Sections 411 I.P.C. registered at Police Station - Kotwali Nagar, District - Raebareli. (d.) Case Crime No. 25 of 2024 under Sections 13 of Gambling Act registered at Police Station - Kotwali Nagar, District - Raebareli. 3.) If it is so, then for the purpose of issuance of passport, No Objection Certificate / permissions is required from the Court where the said criminal cases are pending. The law in this regard has already been discussed by us in a catona of judgments, e.g. judgment 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.. Therefore, the petitioner instead of filing this petition under Article 226 of the Constitution of India should have approached the said Court. He may do so now. Consequences will follow accordingly as per law. 4.) The writ petition is disposed of in the aforesaid terms. Order Date :- 16.7.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench