Disposed

Mohammad Azam Ali Khan v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC11 Jul 2025A482/5253/2025

Case brief

AI extract

What is this about?

Applicant under Section 482 CrPC challenged a trial court order limiting his permission to travel abroad for studies to one year, while his postgraduate course lasts two years. Noting his original application was poorly drafted and lacked a proper prayer for extension, the High Court permitted him to file a fresh application before the trial court for consideration sympathetically.

What did the court decide?

Liberty granted to file a fresh application before the trial court within three days for extension of travel abroad; trial court directed to decide it sympathetically and expeditiously.

Mohammad Azam Ali Khan Vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:39698

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 5253 of 2025

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Applicant :- Mohammad Azam Ali Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another

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Counsel for Applicant :- Mohemmed Amir Naqvi,Abhishek Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Abhishek Srivastava, the learned counsel for the applicant, as well as Sri Rajesh Kumar Singh, the learned AGAI for the State, and perused the record.

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Affidavit of service filed on behalf of the applicant is taken on record.

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The present application under Section 482 CrPC/Section 528 BNSS has been filed challenging the validity of an order dated 03.06.2025 passed by the learned Special ACJM (CBI), AP, Lucknow in Case No.69493 of 2018, arising out of FIR No.0133 of 2018, under Sections 323, 504 and 506 IPC, lodged at Police Station Mahanagar, District Lucknow whereby an application dated 24.03.2025 filed by the applicant, seeking permission to apply for issuance of passport has been allowed. The applicant is aggrieved by the impugned order dated 03.06.2025 allowing the application only to the extent that while allowing the application the trial Court has granted permission to the applicant to travel abroad for a period of one year only from the date of renewal of his passport. The applicant intends to go abroad for pursuing a postgraduate course, which would continue for a period of two years. The trial Court has granted permission to the applicant to travel

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abroad for a period of one year only.

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The trial Court has passed the order on an application filed by the applicant wherein applicant has merely sought permission for issuance of a passport, whereas the applicant already holds a passport and he has merely sought renewal of the passport and permission for traveling abroad for educational purposes. The application filed before the trial Court was very poorly drafted. The title of the application is "Application for permission to apply for passport" and the prayer made in the application was to grant approval to the applicant to apply for passport.

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The trial Court has rightly acted liberally in granting permission to the applicant to travel abroad in the interest of justice, although there was no such prayer in the poorly drafted application. The trial Court has not committed any error in restraining the period of applicant's travel to abroad to one year when there was no proper prayer made before the trial Court.

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In these circumstances, the instant application is disposed of by giving an opportunity to the applicant to file a fresh properly drafted application, containing all the relevant pleas and prayer before the trial Court for extension of period of his travel abroad for educational purposes. In case such an application is filed within three days from today, the trial Court shall consider the same sympathetically, in accordance with law, keeping in view the future educational prospects of the applicant and shall dispose of the same expeditiously.

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Order Date :- 11.7.2025 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Azam Ali Khan v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Mohammad Azam Ali Khan v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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