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2025 DAILYLAW 152579 (ALL)

ARUN KUMAR v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND ANOTHER

WRIC/6930/2025 · 2025-07-28

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43153-DB Court No. - 2 Case :- WRIT - C No. - 6930 of 2025 Petitioner :- Arun Kumar Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And Another Counsel for Petitioner :- Laxmi Verma Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard learned Counsel for the petitioner and Shri S.B. Pandey, learned Senior Advocate & D.S.G.I. assisted by Sri Varun Pandey, learned counsel for the opposite parties no. 1 and 2 The passport of the petitioner has been impounded based on adverse Police verification report, according to which there is a criminal case pending against the petitioner bearing Case Crime No. 0182 of 2022 under Section 323, 504, 506 IPC registered at Police Station - Lalganj, District - Raebareli, which has been averred in Paragraph 6 of the writ petition. An appeal was preferred by the petitioner, but the same has been withdrawn. Learned Counsel for the Union of India says that if N.O.C. / Permission is obtained by the petitioner from the Court where the criminal case in pending against him for going abroad, then the passport could be released. We have already elucidated the law on the subject 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.'. The petitioner may approach the Court concerned with proper application in this regard which shall be considered in light of our judgments and the notification of the Union of India and a decision shall be taken accordingly as per law but with expedition. If such N.O. C./ Permission is granted, the petitioner may file the same before the opposite party no. 2 who shall do the needful, however, if it is not granted, the petitioner will have to pursue other remedies, if there is a cause. The writ is disposed of in the aforesaid terms. Order Date :- 28.7.2025 Lokesh Kumar [Manish Kumar, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench