HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11375 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and Mr. Varun Pandey, learned counsel for the Union of India. 2. The petitioner is aggrieved by non-issuance of passport to him for going abroad. 3. However, learned counsel appearing for Union of India says that there is a criminal case pending arising out Case Crime No. 0161 of 2023 under Sections 498-A, 323, 504, 506 of the I.P.C. and Section 3/4 of the D.P. Act registered at Police Station- Shaadatganj District Lucknow wherein charge-sheet has been filed against the petitioner and the petitioner is said to be on bail, therefore, in view of the Division Bench judgment of this Court dated 21.06.2022 rendered in Writ C No. 3617 of 2022 (Smt. Rashmi Kapoor vs. Union of India and others), the subsequent judgment dated 03.12.2022 of Division Bench rendered in Writ C No. 8621 of 2023 (Shiv Shankar vs. Union of India and others), earlier judgment of Coordinate Bench dated 20.11.2018 rendered in Writ Petition No. 31723 (MB) of 2018 (Salim Khan vs. Union of India and others) as also another judgment dated 09.08.2024 rendered in Writ C No. 6853 of 2024 (Mirza Wahid Beg vs. Union of India and others), the petitioner should seek permission from the Court where the criminal case is pending trial. He also relies upon the circular dated 10.10.2019. It is also his submission that in the case of Umapati vs. Union of India (Writ C No. 5587 of 2024) Versus Counsel for Petitioner(s) : Abhishek Kumar Counsel for Respondent(s) : A.S.G.I., C.S.C. Sameer Khan .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of External Affairs New Delhi And 2 Others .....Respondent(s) none of the provisions of law nor the earlier judgments of Coordinate Benches has been considered. 4. In view of aforesaid, we are of the opinion that the petitioner should move an appropriate application before the Court of criminal jurisdiction where the trial is pending against him seeking permission to go abroad. If such permission is granted, then, the petitioner may move appropriate application before the competent authority of the Passport Department of the Government of India citing the aforesaid judgments and the notifications dated 25.08.1993 and 10.10.2019 for issuance of passport which shall be considered accordingly in the light of the law on the subject. 5. The petition is disposed of in the aforesaid terms. November 24, 2025 Darpan Sharma WRIC No. 11375 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench