Asmat Ullah Khan v. Union Of India Thru. Its Secy. Ministry
Case at a glance
Outcome
Disposed of
The petition is disposed of accordingly
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Passport Act, 1967 s. 10(3)(b)
Key paragraphs
- Para 55. The petition is disposed of accordingly. (Om Prakash Shukla, J.)(Rajan Roy, J.) . Order Date :- 8.7.2025 Arnima ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench
Judgment
can be impounded. Now the learned counsel for the opposite party states that non-disclosure of aforesaid would lead to further criminal proceedings against the petitioner, however he does not dispute the fact that if the petitioner gets a No Objection Certificate from the Court where the listed criminal case against the petitioner is pending, then that can be a factor in favour of the petitioner subject to any action being taken for the alleged non-disclosure under Section 10(3)(b) of the Passport Act, 1967.
In these circumstances, therefore, in view of the decision dated 01.05.2025 rendered in Writ C No.1775 of 2025 Mohd. Talha vs. Union of India & 2 Ors. and our earlier decisions on the subject dated 20.11.2018 passed in Writ Petition No.31723 (M/B) of 2018 'Salim Kumar vs. Union of India & Ors.'; judgment dated 03.12.2022 passed in Writ C No.8621 of 2022; Shiv Shankar vs. Union of India and others; decision dated
21.06.2022 rendered in Writ-C No.3617 of 2022 Smt. Rashmi Kapoor vs. Union of India and others; decision dated
13.11.2024 passed in Writ-C No.9562 of 2024 'Anand Kumar Singh Vs. Union of India & Ors.' and a recent decision dated
21.10.2024 rendered by this very Division Bench in Writ-C No.8874 of 2024 'Shah Alam vs. Union of India & Ors.' and also the decision of Hon'ble Supreme Court dated 10.10.2019 passed in SLP (C) No.7481/2024 'Rita Verma Vs. Union of India and Others', let the petitioner seek permission/no objection from the court where the criminal case is pending in the light of the notification referred in our judgments and thereafter if such permission/no objection is granted, then the petitioner can apprise the Regional Passport Officer about the said order and the Regional Passport Officer shall take a decision in this matter, however, if the permission/no objection is not granted, then the petitioner will have to avail other remedies.
It shall be open for the Regional Passport Officer while taking the decision as aforesaid to consider any other aspect such as non-disclosure under Section 10(3)(b) of the Passport Act, 1967.
Operative part
The petition is disposed of accordingly. (Om Prakash Shukla, J.)(Rajan Roy, J.) . Order Date :- 8.7.2025 Arnima ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is disposed of accordingly
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Passport Act, 1967 — s. 10(3)(b).
Which court decided this case, and when?
Allahabad High Court, on 08 Jul 2025. The bench was RAJAN ROY, PRAKASH SHUKLA.
Precedent status how later indexed judgments have treated this case
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