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2025 DAILYLAW 161552 (ALL)

GIRIRAJ AGARWAL @ GIRIRAJ KISHORE AGARWAL v. UNION OF INDIA THRU. PRIN. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 2 OTHERS

CRLP/8282/2025 · 2025-09-10

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8282 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ambuj Singh, learned counsel for the applicant and Shri Mayank Sinha, learned A.G.A. for the State. 2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of an order dated 02.12.2024 passed by learned Additional District & Sessions Judge-V, Lucknow in Criminal Misc Case No.2686 of 2024 whereby the petitioner's application seeking permission to travel abroad has been rejected. 3. The learned A.G.A. has raised a preliminary objection that as per the law laid down by the Hon'ble Supreme Court in the cases of Neeta Singh and others Vs. State of U.P. and others passed in Special Leave to Appeal (Crl.) No. 13578 of 2024 and Pradnya Pranjal Kulkarni vs. State of Maharashtra & Anr. passed in Special Leave to Appeal (Crl.) No. 13424 of 2025, a judicial order that passed by a civil court or by the criminal court cannot be challenged in a writ petition under Article 226 of the Constitution of India. He has submitted that the petitioner can challenged the impugned orders by filing a petition under Section 482 Cr.P.C/528 B.N.S.S. 4. Confronted with the aforesaid objection, the learned counsel for the petitioner states that he may be given liberty to file a fresh petition under the aforesaid provision. 5. Accordingly, the instant writ petition is dismissed as not maintainable, leaving it open to the petitioner to file a fresh petition under Section 482 Cr.P.C/528 B.N.S.S. Versus Counsel for Petitioner(s) : Ambuj Singh Counsel for Respondent(s) : A.S.G.I., G.A. Giriraj Agarwal @ Giriraj Kishore Agarwal .....Petitioner(s) Union Of India Thru. Prin. Secy. Ministry Of External Affairs New Delhi And 2 Others .....Respondent(s) 6. Let the certified copies annexed with the writ petition be returned to the learned counsel for the petitioner after retaining their photocopies on record. September 10, 2025 S. Shivhare CRLP No. 8282 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench