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2026 DAILYLAW 7445 (ALL)

FAIYAZ HUSAIN v. UNION OF INDIA AND 5 OTHER

WRIC/35790/2026 · 2026-09-15

Ajit Kumar, Siddharth Nandan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35790 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE SIDDHARTH NANDAN, J. 1. Heard learned counsel for the petitioner and Shri Vijay Chandra, Advocate appearing on behalf of respondent no.1 and 2. 2. The petitioner is basically aggrieved by the order of the Chief Judicial Magistrate, Faridpur, Bareilly in Criminal Case No.1523 of 2025 in which instead of issuing a no objection certificate to the petitioner to travel abroad and to be possessed of valid passport though he directed staying the summoning order. 3. In our considered view under the relevant notification issued by the Ministry of External Affairs as well as the Ministry of Home, a person seeking grant of a passport is required to have "No Objection" from the court of criminal law where the trial is going on, so as to enable him to travel abroad and also to possess a valid passport. A mere staying of the summoning order will not count for necessary "No Objection" as is contemplated under the relevant notification. 4. Accordingly, we direct the petitioner to again approach the learned Magistrate, Faridpur, Bareilly to obtain the necessary no objection by moving application, and if he does so within two weeks from today, the criminal court will grant necessary "No Objection", if there is no other legal impediment, permitting the petitioner to travel abroad and also permit him to possess a valid passport. After such "No Objection" is allowed by the learned Magistrate, petitioner would further be approaching the Regional Passport Officer for grant of passport in the Versus Counsel for Petitioner(s) : Brijesh Kumar Singh, Shiv Sagar Singh Counsel for Respondent(s) : A.S.G.I., Vijay Chandra Faiyaz Husain .....Petitioner(s) Union Of India And 5 Other .....Respondent(s) light of the judgment of this Court in the case of Rahimuddin vs. Union of India & Another (Neutral Citation No. 2025:AHC:181505-DB) and recently in the case of Wajiruddin Khan v. Union of India & 2 Others (Neutral Citation No. 2026:AHC:138176-DB) and the Regional Passport Officer would be disposing of the application within further six weeks' time. 5. With the aforesaid observations/directions, the writ petition stands disposed off. September 16, 2026 S.Prakash WRIC No. 35790 of 2026 2 (Siddharth Nandan,J.) (Ajit Kumar,J.) Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad