Allahabad High Court
Baber Warsi vs State Of U.P. And 2 Others on 6 November, 2025
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:196774
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36963 of 2025
Baber Warsi
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Khalid Mahmood, Mohd. Naseer Ahmad
Counsel for Opposite Party(s)
:
G.A., Prem Narayan Rai
Court No. - 75
HON'BLE SANJAY KUMAR PACHORI, J.
1. Heard Shri Khalid Mahmood, learned counsel for the applicant and Shri A.K. Rai, learned A.G.A. for the State and perused the materials on record.
2. Learned counsel for the applicant is permitted to delete the opposite party Nos.2 and 3 in the memo of application.
3. Present application under Section 528 BNSS has been filed to quash the order dated 8.9.2025 passed by Chief Judicial Magistrate, Kasya, District Kushinagar (State Vs. Sarbar Alam Warsi) in Criminal Case No.6595 of 2022 arising out of Case Crime No. 551 of 2022, under Sections 147, 325, 323, 504, 506 I.P.C., P.S. Kasya, District Kushi Nagar, whereby an application for seeking no objection certificate to issue Passport has been dismissed.
4. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts, circumstances of the case and without considering the notification and guidelines, which has been issued by the Central Government with regard to permission to go abroad in the situation when the case is registered against the applicant.
5. It is further submitted that the applicant applied before Regional Passport Office, Lucknow for issuance of Passport in favour of applicant but when the same remained pending, he preferred Writ C No.20559 of 2025, which was disposed of vide order dated 11.7.2025 with direction to the Court below to decide his pending application in accordance with direction issued by this Court in the matter of Pawan Kumar Rajbhar Vs. Union of India and 2 others ( Writ C No.41540 of 2023). Thereafter, the applicant moved an application dated 15.07.2025 before the C.J.M. Kasya, Kushinagar for issuing No Objection Certificate during pendency of criminal proceedings but the Magistrate has rejected his application on 8.9.2025 without recording any satisfactory reason.
6. Learned AGA has not denied the factual position and admitted that there no other documents remain to be filed.
7. Learned counsel for the applicant relied upon the judgement of this Court in Salim Khan Vs. Union of India and others, 2019 (132) All Law Report 286 (D.B.) in which this Court has permitted the petitioner to move an application for grant of permission to go abroad, before the court concerned where the criminal proceeding was pending and if permission is granted then the petitioner shall be given liberty to produce before Passport Officer along with the permission granted by the court for issuance of passport. The relevant part of the order of Bench of this Court is quoted hereinbelow:-
"The argument that Section 6(2)(f) was arbitrary and unreasonable was repelled, however, considering the Notification dated 25.08.1993 quoted hereinabove it was held that the restriction under Section 6(2)(f) was not absolute but the same can be relaxed in appropriate cases with the permission of the Court in which the criminal proceedings are pending. The Court in fact held that the object behind the aforesaid provisions appeared to be that permitting a person facing criminal charges to go abroad was against the interest of the State and Society at large, however, as already mentioned hereinabove in view of the Notification dated 25.08.1993 it was held that the restriction was not absolute.
In this view of the matter, we are of the view that the petitioner should move an appropriate application before the Court of criminal jurisdiction where the trial is pending against him seeking permission to go abroad. If such permission is granted then the petitioner may move appropriate application before the competent Authority of the Passport department of the Government of India citing the judgment referred hereinabove as also the Notification dated 25.08.1993 for issuance of a Passport which shall be considered accordingly in the light of the law on the subject."
8. In the light of the above judgment, it is submitted by the learned counsel for the applicant that the order impugned passed by Chief Judicial Magistrate, Kasya, District Kushinagar is bad in the eye of law.
9. The Govt. of India has promulgated a notification no. GSRS70(E). The guidelines of the said notification are quoted herein below:-
"G.S.R. 570(E). - In exercise of the powers conferred by clause (a) of section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs no. G.S.R.298(E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely:-
(a) the passport to the issued to every such citizen shall be issued--
(i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or
(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year,
(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or
(iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.
(b) any passport issued in terms of a(ii) and a(iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified;
(c) any passport issued in terms of a(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;
(d) the said citizen shall give an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued.
[No.VI/401/37/79] L.K. PONAPPA, Jt. Secy. (CPV)"
The provisions of Section 22 of the Act, 1967 read as under:-
"22. Power to exempt.--Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,-
(a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; and
(b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions."
10. I have gone through the order and other relevant material. The applicant is an accused of Case No. 6595 of 2022 arising out of Case Crime No.551 of 2022, under Sections 147, 325, 323, 504, 506 IPC, Police Station Kasya, District Kushinagar, which is still pending. As per notification dated 25.8.1993, it was held that the restriction was not absolute.
11. In the light of above judgement, the application under Section 528 of BNSS is disposed of and order dated 8.9.2025 is, hereby quashed giving liberty to the applicant to move a proper application seeking permission to go abroad before the court concerned where the criminal proceeding against the applicant is pending and if the permission is granted to the applicant by the court concerned, then the applicant may produce the permission before the Passport Officer, who shall consider the same in accordance with the Circular dated 25.8.1993 and pass appropriate order in this respect within a period of one month from the date of producing of the permission granted by the competent court.
12. With the aforesaid observations, the present application under Section 528 of BNSS stands disposed of finally.
Sanjay Kumar Pachori,J.)
November 6, 2025
SFH
