MOHAMMAD AZAM v. U.O. I. THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI INDIA AND 3 OTHERS
/11376/2025 · 2025-11-26
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175906 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175906 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11376 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard Sri Satyendra Nath Mishra, learned counsel appearing on behalf of the petitioner, Sri S.B. Pandey, learned Senior Advocate & Deputy Solicitor General of India assisted by Sri Varun Pandey, learned counsel appearing on behalf of the respondent nos.1 & 2 and learned Standing Counsel appearing on behalf of the respondent nos. 3 & 4. 2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the non-issuance of the police clearance certificate to the petitioner by the Passport Authorities. 3. Sri Varun Pandey, learned counsel appearing on behalf of the Regional Passport Office, Lucknow has submitted that once the police authorities are required to provide a clearance certificate, as per the Passport Manual. 4. Learned Standing Counsel appearing on behalf of the State has submitted that the police clearance report is not being given to the petitioner as a Criminal Case No. 9095 of 2022, arising out of Case Crime No. 553 of 2021, under Section 447 of Indian Penal Code, 1860 and Sections 2/3 of Prevention of Damage to Public Property Act, 1984 is pending against the petitioner. 5. Learned counsel for the petitioner has submitted that the proceedings under the said case have been stayed by the High Court, by an order of Versus Counsel for Petitioner(s) : Satyendra Nath Mishra Counsel for Respondent(s) :
A.S.G.I., C.S.C. Mohammad Azam .....Petitioner(s) U.O. I. Thru. Secy. Ministry Of External Affairs New Delhi India And 3 Others .....Respondent(s)
Hon'ble Single Judge dated October 28, 2025. 6. In the light of the above, we are of the view that since the proceedings against the petitioner are stayed, and also because of the fact that the criminal activities appear to be petty offenses, we direct the police authorities to issue police clearance report in favour of the petitioner. Once the police clearance report is submitted to the Passport Office, the Passport Office is directed to immediately issue the police clearance certificate in favour of the petitioner, in accordance with law. 7. The entire process be completed within a period of six weeks from the date. 8. With the above directions, the writ petition is disposed of.
November 26, 2025 Mohit Singh/- WRIC No. 11376 of 2025 2 (Brij Raj Singh,J.) (Shekhar B. Saraf,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench