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
- Arms Act — s. 25
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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