GIRIRAJ AGARWAL @ GIRIRAJ KISHORE AGARWAL v. U.O.I. THRU. SECY. PRIN. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 2 OTHERS
A482/8187/2025 · 2025-10-17
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197703 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197703 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8187 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant, learned counsel appearing for the Union of India and learned A.G.A. for the State. 2. This application has been filed with the following prayer:-
"To quash the impugned order dated 02.12.2024 passed by learned Additional District & Session Judge-V, Lucknow in Criminal Misc. Case No.2686 of 2024, whereby the petitioner's application seeking permission to travel abroad has been rejected in case crime no. 179/2020, under Section 2/3 of U.P. Gangster Act, 1986, pending in the learned court of Additional District & Session Judge-V, Lucknow."
3. Learned counsel for the applicant submits that the applicant is an old age person and suffering from several diseases and treatment of the said diseases is available in India. He further submits that the applicant wants to go abroad for getting better treatment, in lieu of which, his application seeking permission to travel abroad has been rejected by learned trial Court. He next submits that it is a fundamental right of a citizen to go abroad for getting treatment, but learned trial Court has wrongly rejected the said application, hence, indulgence of this Court is required. 4. Learned A.G.A. as well as learned counsel for the Union of India vehemently opposes the prayer of the applicant. However, they jointly submit that vague averments have been made in the said application as no Versus Counsel for Applicant(s) : Ambuj Singh, Nritika Singh, Surya Deep Counsel for Opposite Party(s) :
A.S.G.I., G.A. Giriraj Agarwal @ Giriraj Kishore Agarwal .....Applicant(s) U.O.I. Thru. Secy. Prin. Secy. Ministry Of External Affairs New Delhi And 2 Others .....Opposite Party(s)
specific disease has been explained, hence, there is no illegality in the order passed by learned trial Court. 5. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that the application of the applicant seeking permission to travel abroad for getting treatment has been rejected by the trial Court.
In para 5 of the application dated 12.11.2024 moved by the applicant, it is mentioned that "being on old age person applicant is suffering from several diseases which are curable and can be treated in India but for better treatment of some diseases, applicant has to go abroad as there is no treatment available here in India". It is apparent that vague averments have been made in the said application. Therefore, there is no illegality in the order passed by the trial Court. 6. With the above observations, the present application is rejected. October 17, 2025 Arpan A482 No. 8187 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench