NA528/24885/2026 of SUMAN AWASTHI Vs UNION OF INDIA on 27 September 2026

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 Versus Counsel for Applicant(s) : Aditya Gupta, Harsh Vardhan Gupta Counsel for Opposite Party(s) : G.A., Sarveshwar Lal Srivastava Suman Awasthi .....Applicant(s) Union of India .....Opposite Party(s)

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 NA528 No. 24885 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad