Allahabad High Court
SUMAN AWASTHIversusUNION OF INDIA
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The trial court must decide the passport and NOC application on its merits and cannot reject it merely because the related criminal proceedings are stayed.
Summary
The applicant, Suman Awasthi, sought a No‑Objection Certificate (NOC) and renewal of her passport to travel abroad, but the trial court rejected her application on the basis that a criminal case against her was stayed by this High Court. The criminal case involved offences under Sections 323, 498A, 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The applicant argued that the trial court should decide her passport application on its merits, not merely rely on the stay order. The High Court held that the trial court erred in dismissing the application without a merits‑based consideration and directed the trial court to decide the matter afresh within a month. Consequently, the application under Section 528 BNSS was disposed of with directions to the trial court.
Issues considered
- Whether the trial court could dismiss the applicant’s passport/NOC application solely on the ground that the criminal proceedings were stayed.
- Whether the trial court must decide the passport/NOC application on its merits despite the stay of the criminal case.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 506
Subjects
- passport renewal
- NOC
- travel abroad
- criminal case pending
- Section 528 BNSS
- stay of proceedings
- merits of application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 24885 of 2026
Suman Awasthi
.....Applicant(s)
Versus
Union of India
.....Opposite
Party(s)
Counsel for Applicant(s) : Aditya Gupta, Harsh Vardhan Gupta
Counsel for Opposite Party(s) : G.A., Sarveshwar Lal Srivastava
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Learned Counsel for the applicant is permitted to correct the description
of the prayer clause during the course of the day.
2. Head Mr. Aditya Gupta, learned Counsel for the applicant, Mr.
Sarveshwar Lal Srivastava, learned Counsel for opposite party no.2 and Mr.
Jyoti Kumar Singh, learned A.G.A. for the State.
3. The present application has been filed, challenging the order dated
26.03.2026, passed by the Additional Civil Judge (Junior Division), Court
No.6/A.C.J.M., Kanpur Nagar, whereby the application filed by the
applicant, seeking NOC for travelling abroad and issuance of passport, has
been rejected.
4. The facts, in brief, are that a First Information Report was registered as
Case Crime No. 222 of 2017, under Sections 323, 498A, 506 I.P.C. and
Section 3/4 Dowry Prohibition Act, at Police Station Kidwai Nagar, District
Kanpur Nagar against the applicant and other co-accused persons. After the
investigation, a charge-sheet was filed against the applicant and other
accused persons. The applicant, who was desirous to visit abroad, moved an
application for renewal of passport but the Police did not issue the NOC,
mainly on the ground that a case was pending against the applicant. The
applicant moved an application before the Trial Court seeking permission to
travel abroad and, for that purpose, issuance of NOC for granting of fresh
passport/renewal of passport, however, the same has been rejected vide order
dated 26.03.2026 on the ground that the proceedings of the case is stayed by
this Court by order dated 13.02.2025 passed in Application U/S 528 BNSS
NA528 No. 24885 of 2026
2
No. 33960 of 2024.
5. Learned Counsel for the applicant submits that the applicant is a citizen of
India and is holder of a duly verified passport issued by Government of India
bearing No. Z2781469, which was valid from 09.04.2014 to 08.04.2024. She
applied for issuance/renewal of the passport in the year 2024 without
procuring the requisite NOC from the concerned Court, where the criminal
case was pending. She was also using passport bearing No. Z7733762,
however, was subsequently impounded by the Passport Authority on the
basis of concealment of said Criminal Case No. 29125 of 2018. The
applicant filed an application before the learned Trial Court but the said
application was dismissed on the ground that the proceedings of the case is
stayed by the order passed by this Court. Therefore, the learned Trial Court
be directed to decide the said application on merit afresh.
6. Learned Counsel for opposite party no.2 and learned A.G.A. has no
objection.
7. According to facts of this case, the applicant filed an application seeking
NOC for travelling abroad and for issuance/renewal of passport, which was
dismissed by the learned Trial Court vide impugned order dated 26.03.2026,
on the ground that the Trial Court cannot decide the said application as the
proceedings of the criminal case are stayed by this Court vide order dated
13.02.2025 in Application U/S 528 BNSS No. 33960 of 2025. A perusal of
the impugned order shows that the said application was not decided on
merit.
8. Accordingly, learned Trial Court concerned is directed to decide the said
application afresh, strictly as per the existing rules and law applicable,
within a month from the date of production of certified copy of this order.
9. With the aforesaid direction, this application filed under Section 528
BNSS is disposed of.
September 28, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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