Disposed¶23

Naushad Khan v. State of U.P. and 2 Others

Allahabad HC29 Oct 2025CRLR/6812/2025

Case brief

AI extract

What is this about?

passport; no-objection certificate (NOC); GSR 570(E) dated 25.8.1993; office memorandum dated October 10, 2019; Section 6(2) and Section 6(2)(f) Passports Act 1967; pending criminal proceedings; short validity passport; undertaking; Chief Judicial Magistrate Allahabad; Judicial Magistrate-IV Allahabad; Writ-C No.24592 of 2025; Pawan Kumar Rajbhar Writ-C No.41540 of 2023; Regional Passport Officer; criminal revision disposed of with directions; Abdul Shahid, J.; Allahabad High Court.

What did the court decide?

Revisionist directed to move his NOC application before the trial court in accordance with the requirements of GSR 570(E)/the office memorandum dated 10.10.2019; trial court directed to decide that application within a month in accordance with the G.O. and the Division Bench order dated 29.7.2025 in Writ-C No.24592 of 2025. ¶23

Naushad Khan Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the revisionist's application for no-objection (NOC) for issuance of passport, rejected for not mentioning his intention to go abroad, was required to be dealt with in accordance with GSR 570(E) and the Division Bench order in Writ-C No.24592 of 2025. +1 more

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Ratio / Principle

The revisionist is directed to move his application in accordance with the requirements of the aforementioned notification before the learned trial court, and the trial court is directed to decide that application within a month in accordance with the aforementioned G.O. and the order dated 29.7.2025 in Writ-C No.24592 of 2025.

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Key takeaways

With these observations and directions, the present criminal revision stands disposed of.ratio¶23
The court recorded that GSR 570(E) dated 25.8.1993 was introduced to give relief to applicants against whom criminal proceedings are pending but who need to travel abroad urgently; with an undertaking under GSR 570(E) and a court order, a short validity passport of one year (or the court-specified period) could be issued.obiter¶21

Detailed headnote1 paragraphs

Criminal revision (Allahabad High Court, Abdul Shahid, J.) by Naushad Khan against the order dated 25.9.2025 of the Chief Judicial Magistrate, Allahabad rejecting his application for a no-objection certificate (NOC) for issuance of passport, on the ground that the application did not mention his intention to go abroad. The court noted the office memorandum dated October 10, 2019 (para 3) stating that applicants may be refused passports only on grounds under Section 6(2) of the Passports Act, 1967 (including Section 6(2)(f), proceedings pending before a criminal court), and that under GSR 570(E) dated 25.8.1993 an applicant with pending criminal proceedings needing to travel abroad urgently could be issued a short-validity passport with an undertaking and a court order. Acting in view of the Division Bench order dated 29.7.2025 in Writ-C No.24592 of 2025 (Naushad Khan vs. Union of India and 2 others), which referred to Pawan Kumar Rajbhar (Writ-C No.41540 of 2023, decided 19.01.2024), the court directed the revisionist to move his application before the trial court in accordance with the notification and directed the trial court to decide it within a month; revision disposed of.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 6812 of 2025

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Naushad Khan

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.....Revisionist(s)

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Versus
State Of U.P. And 2 Others	.....Opposite Party(s)
Counsel for Revisionist(s)	: Gopal Khare
Counsel for Opposite Party(s)	: A.S.G.I., G.A.

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Court No. - 91

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HON'BLE ABDUL SHAHID, J.

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Case called out in the revised list.

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Heard learned counsel for the revisionist. None is present for opposite party Nos.2 and 3. However, learned AGA for the State is present.

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The instant criminal revision has been preferred by the revisionistNaushad Khan against the judgment and order dated 25.9.2025, whereby the application of revisionist for grant of NOC was rejected by the Chief Judicial Magistrate, Allahabad.

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Learned counsel for the revisionist has submitted that he has filed an application before Judicial Magistrate-IV, Allahabad to issue the appropriate order in view of order dated 29.7.2025 passed by a Division Bench of this Court in Writ-C No.24592 of 2025 (Naushad Khan vs. Union of India and 2 others) wherein, in paragraphs- 3 and 4, the Court observed as under:

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"3. It has been held by a Coordinate Bench in
Writ-C No. 41540 of 2023(Pawan Kumar Rajbhar vs.
Union of India and 2 others) and other connected
matters decided on 19.01.2024 that in such an
event, it is open to the person concerned to seek
no-objection from the jurisdictional criminal
court in respect of grant of passport and the
Regional Passport Officer shall act, accordingly.

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CRLR No. 6812 of 2025

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4. In view of the aforesaid position, we dispose
ofthe writ petition with liberty to the
petitioner to apply before the concerned court
for no-objection and in case, the same is
granted, the Regional Passport Officer shall
proceed to take further action in the matter
taking into notice the no-objection granted by
the court."

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The court of Magistrate has rejected the application of the revisionist on the ground that the applicant-revisionist had not mentioned in his application that he wants to go abroad, hence he requires permission for the issuance of passport. Learned counsel for the revisionist as well as learned Magistrate, both relied on the office Gazette-notification with reference to GSR 570 (E) dated 25.8.1993 and thereafter the Gazettenotification No.VI/401/1/5/2019, Government of India, Ministry of External Affairs (PSP Division), Patiala House Annexe, Tilak Marg, New Delhi dated October 10, 2019, the office memorandum has been issued. The paragraph-3 of the aforesaid memorandum reads as under:

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"3. It may be noted that applicants may be
refused passport only on grounds mentioned under
Section 6(2) of the Passports Act,1967. Section
6(2)(f) of the Act states that the passport
authority shall refuse to issue a passport or
travel document to an applicant on the ground
that proceedings in respect of an offence alleged
to have been committed by the applicant are
pending before a criminal court in India.
GSR570(E) dated 25.8.1993 was introduced to give
relief to such applicants against whom criminal
proceedings are pending before any Court of law
in India but who may need to travel abroad for
some urgent business. With an undertaking under
GSR 570(E) and an order from the Court, an
application could be issued a short validity
passport of one year validity or for the period

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CRLR No. 6812 of 2025

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specified by the Court."

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It is specifically mentioned that GSR 570 (E) dated 25.8.1993 was introduced to give relief to such applicant against whom criminal proceedings are pending before any Court of law in India, but who may need to travel abroad for some urgent business. With an undertaking under GSR 570 (E) and an order from the Court, an applicant could be issued a short validity passport of one year validity or for the period specified by the Court.

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In view thereof, the revisionist is hereby directed to move the said application in accordance with the requirements by the aforementioned notification before the learned trial court and the trial court is directed to decide that application within a month from today in accordance with aforementioned G.O. as well as order passed by this Hon'ble Court in Writ-C No.24592 of 2025 (Naushad Khan vs. Union of India and 2 others) dated 29.7.2025.

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With these observation and direction, the present criminal revision stands disposed of .

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(Abdul Shahid,J.)

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October 30, 2025 LN Tripathi

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Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad

Naushad Khan v. State of U.P. and 2 Others

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Naushad Khan v. State of U.P. and 2 Others

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