ARPAN MIGLANI v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS GOVT. OF INDIA NEW DELHI AND 2 OTHERS
WRIC/11234/2025 · 2025-12-05
Amitabh Kumar Rai, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186422 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186422 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11234 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri Varun Pandey, learned counsel for respondent nos.1 and 2. This writ petition has been filed with the following prayers :- [I] Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 3.11.2025 passed by the opposite party no. 2, by means of which he refused to issue PCC (Police Clearance Certificate) in favor of the petitioner, contained as Annexure no. 1 to this writ petition. [II] Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties specially to the Opposite Party No.2 to issue PCC (Police Clearance Certificate) in favour of the petitioner, in the interest of justice. It has been submitted by learned counsel for the petitioner that the police clearance has been withheld by Police Station Krishna Nagar, District Lucknow, only because Case Crime No. 235/2022, under Sections 279 and 427 I.P.C., Police Station Krishna Nagar, District Lucknow, was registered in which the petitioner is an accused. The Magistrate concerned has already passed an order permitting the petitioner to go abroad and a copy of the order dated 04.10.2025 has been filed as Annexure No.7 to the petition. The police has not issued the police clearance and therefore the impugned order dated 03.11.2025 has been passed by the Regional Passport Officer. Versus Counsel for Petitioner(s) : Sunil Dixit, Dilip Kumar Pandey, Varun Chandra Counsel for Respondent(s) :
A.S.G.I., C.S.C. Arpan Miglani .....Petitioner(s) Union Of India Thru. Secy. Ministry Of External Affairs Govt. Of India New Delhi And 2 Others .....Respondent(s)
This petition is disposed of with liberty to the petitioner to approach the Station House Officer, P.S. Krishna Nagar, Lucknow, along with a copy of the order passed by the Magistrate on 04.10.2025 within a period of one week from today. If such an application is moved along with a copy of the order, the Station House Officer, P.S. Krishna Nagar, Lucknow, shall examine the same and then take appropriate steps for giving police clearance, which shall be forwarded to the Regional Passport Officer at the earliest, say within a period of two weeks from the date of such an application is made.
December 5, 2025 Ashish Dewal WRIC No. 11234 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench