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2026 DAILYLAW 8126 (ALL)

MOHAMMAD IRFAN v. UNION OF INDIA AND 4 OTHERS

WRIC/29946/2026 · 2026-09-16

Ajit Kumar, Siddharth Nandan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29946 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE SIDDHARTH NANDAN, J. 1. Heard Sri Rayoof Ali, learned counsel for the petitioner, learned A.S.G.I. on behalf of respondent nos.1 to 3 and learned Standing Counsel on behalf of respondent nos.4 and 5. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of mandamus to command the respondent to issue the Police Clearance Certificate (PCC). 3. It is submitted by learned counsel for the petitioner that petitioner is currently staying at Jehdda, Saudi Arabia, while his passport has expired. 4. Per contra, it is submitted by learned panel counsel appearing for the respondents that since petitioner's passport has expired, he should get necessary emergency certificate under Section 4(2) of the Passport Act, 1967 by making afresh application before the embassy concerned to get necessary certificate to travel India to get no objection/sanction/approval from the concerned criminal court where trial is going on. 5. In the circumstances, we dispose of this petition with liberty to the petitioner to apply before the embassy concerned under Section 4(2) of the Passport Act, 1967 and once he gets the Versus Counsel for Petitioner(s) : Rayoof Ali Counsel for Respondent(s) : A.S.G.I., C.S.C., Tushar Kant Mohammad Irfan .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) emergency certificate to travel India, he needs to apply before the criminal law court concerned for necessary no objection/ sanction/ approval to travel abroad and when he gets no objection, he may submit the same before the Regional Passport Officer concerned, who shall then proceed to examine the matter of re-issuance of passport in accordance with law. September 17, 2026 S.Prakash WRIC No. 29946 of 2026 2 (Siddharth Nandan,J.) (Ajit Kumar,J.) Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad