AVADESH KUMAR JAISWAL @ AVADHESH KUMAR v. UOI THRU. SECY. MINISTRY OF EXTERNAL AFFIAIRS NEW DELHI AND 3 OTHERS
WRIC/11370/2024 · 2025-01-16
Brij Raj Singh, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170817 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170817 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3054-DB Court No. - 2 Case :- WRIT - C No. - 11370 of 2024 Petitioner :- Avadesh Kumar Jaiswal @ Avadhesh Kumar Respondent :- Uoi Thru. Secy. Ministry Of External Affiairs New Delhi And 3 Others Counsel for Petitioner :- Jai Vardhan Srivastava Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. The petitioner seeks issuance of a passport, however, there is a criminal trial pending against him in the Court of competent criminal jurisdiction. Further, the said proceedings have been challenged by the petitioner before the High Court under Section 482 Cr.P.C. and the proceedings have been stayed. In this view of the matter, the permission / No Objection Certificate required as per the notifications of the Government of India referable to the Passport Act, 1967, as considered in a catena of decisions passed by this Court in Writ C No. 9562 of 2024, Anand Kumar Singh Vs. Union of India & 5 others, Writ C No. 8621 of 2022; Shiv Shankar vs. Union of India & Ors.; Writ C No. 3617 of 2022, Smt. Rashmi Kapoor vs. Union of India & Others may be sought by the petitioner from the High Court where the proceedings under Section 482 Cr.P.C. are pending, in terms of our earlier judgments. We accordingly dispose of this petition with liberty to the petitioner to do the same. If such permission is granted, then the same shall be furnished to the Regional Passport Officer, who in turn shall consider the application of the petitioner and take decision as per law but with expedition, say within a period of four weeks from submission of such permission / N.O.C. If the permission is not granted, then of course the matter shall rest as it is with a right to the petitioner to raise a further challenge. Order Date :- 16.1.2025/Lokesh Kumar [Brij Raj Singh, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench