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Allahabad High Court

AJAY KUMARversusUNION OF INDIA AND 2 OTHERS

Decided

Holding

The petitioner may make a fresh application for a passport without the requirement of obtaining an NOC.

Summary

The petitioner, Ajay Kumar, was convicted under Section 25 of the Arms Act and fined Rs.2,000, a sentence that had been completed before the filing of the writ petition. He sought a writ directing the issuance of a passport without the requirement of a No Objection Certificate (NOC) from the authorities. The petitioner argued that the precedent in Pawan Kumar Rajbhar v. Union of India was not applicable and relied on a prior order dated 11.11.2025 of the Additional Chief Judicial Magistrate, Case No. 4116 of 2023. The Court examined whether a prior conviction under the Arms Act automatically bars a fresh passport application without an NOC. It held that, given the completion of the sentence and the absence of a specific statutory bar, the petitioner could file a fresh passport application without seeking an NOC. Consequently, the petition was disposed of without any order for a passport, merely allowing the petitioner to proceed with a fresh application.

Issues considered

  • Whether a conviction under Section 25 of the Arms Act bars the petitioner from obtaining a passport without a No Objection Certificate.
  • Whether the decision in Pawan Kumar Rajbhar v. Union of India is applicable to the present case.

Legislation cited

Subjects

  • passport
  • NOC
  • Arms Act
  • conviction
  • fundamental rights
  • writ petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 9344 of 2026

                                    Ajay Kumar
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    Union Of India And 2 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Sunil Kumar Yadav
                                    Counsel for Respondent(s)          :   A.S.G.I., Anil Kumar Rai, C.S.C.

                                    Court No. - 2
                                                     HON'BLE ATUL SREEDHARAN, J.
                                                     HON'BLE SIDDHARTH NANDAN, J.

                                    1. Heard Sri Sunil Kumar Yadav, learned counsel for the petitioner and
                                    Sri Anil Kumar Rai, learned counsel for the Union of India.

                                    2. Learned counsel for the petitioner submits that this case is not covered
                                    by Pawan Kumar Rajbhar Vs. Union of India & 2 Ors. and that the only
                                    case that was pending has already been decided vide the order dated
                                    11.11.2025 passed by the Court of the Additional Chief Judicial
                                    Magistrate in Case No. 4116 of 2023. The said order is at page 15 of the
                                    petition.

                                    3. For perusal, it is reflected that the petitioner was charged under Section
                                    25 of the Arms Act and was punished by the imposition of a fine of Rs.
                                    2,000/-, which sentence has already been completed till the rising of the
                                    court.

                                    4. Under the circumstances, the petitioner may make a fresh application
                                    for the issuance of a passport without the requirement of seeking an
                                    N.O.C.

                                    5. Accordingly, the petition stands disposed of.



                                                                (Siddharth Nandan,J.) (Atul Sreedharan,J.)
                                    March 19, 2026
                                    piyush




Digitally signed by :-
PIYUSH KUMAR
High Court of Judicature at Allahabad


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