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2025 DAILYLAW 183961 (ALL)

RAJ AGRAHARI v. U.O.I. THRU. ITS SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 4 OTHERS

WRIC/11484/2025 · 2025-12-01

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11484 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Avneesh Singh, learned counsel for the petitioner, Shri Varun Pandey, learned counsel appearing for respondent nos.1 and 5 and learned Standing Counsel appearing for the respondent nos.2 to 4/State. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief(s): "i. Issue a writ, order or direction in the nature of mandamus directing the respondent nos.4 & 5 to issue his Police Clearance Certificate (PCC) which is pending till date, in the interest of justice." 3. In the present case, the petitioner is seeking a Police Clearance Certificate (PCC) as the same is required by the State of Kuwait for allowing Indian citizen to go and work in Kuwait. It is to be noted that passport was issued to the petitioner in the year 2023 and subsequent to the same, two criminal cases have been lodged against the petitioner i.e. Criminal Case No.1127 of 2023 registered under Sections 323, 504, 506 & 34 of I.P.C. and another was registered under Sections 115(2), 352, 351(3), 3(5) of B.N.S. 4. Shri Varun Pandey, learned counsel appearing on behalf of Regional Passport Officer, Lucknow submitted that Police Clearance Certificate is Versus Counsel for Petitioner(s) : Avneesh Singh Counsel for Respondent(s) : A.S.G.I., C.S.C. Raj Agrahari .....Petitioner(s) U.O.I. Thru. Its Secy. Ministry Of External Affairs New Delhi And 4 Others .....Respondent(s) issued by the Passport Office subsequent to such a clearance being issued by the police authorities. 5. Counsel appearing on behalf of the police authorities submits that unless the trial court grants a right to a person to travel abroad taking into consideration the cases pending against the petitioner, such a Police Clearance Certificate cannot be granted. 6. Upon considering the various facets of the particular case at hand, we are of the view that the petitioner should approach the trial court where these cases are pending and make an application for permission to travel abroad. On such an application being made by the petitioner, we direct the trial court to decide the same expeditiously and forward the same to the police authorities so that they can immediately issue necessary clearance certificate. Once the same is granted, the police authorities are directed to provide their report to the Regional Passport Office that shall act in accordance with law. 7. With the aforesaid direction, writ petition is disposed of. December 1, 2025 akhilesh/- WRIC No. 11484 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench