[Cites 4, Cited by 0]
Allahabad High Court
Rakesh Kumar Mishra vs State Of U.P. Thru. Addl. Chief Secy. ... on 2 February, 2026
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2026:AHC-LKO:7730
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 9100 of 2023
Rakesh Kumar Mishra
.....Applicant(s)
Versus
State Of U.P. Thru. Addl. Chief Secy. Lko.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Vyas Narayan Shukla
Counsel for Opposite Party(s)
:
G.A.
Court No. - 12
HON'BLE PANKAJ BHATIA, J.
1. Heard learned Counsel for the applicant and learned A.G.A.
2. The present application has been filed challenging an order dated 01.09.2023, whereby the application filed by the applicant for grant of NOC for obtaining a fresh passport has been rejected.
3. The contention of the Counsel for the applicant is that the applicant was required to obtain an NOC from the trial court where the trial of Case No.684 of 2003, under Section 3/25 Arms Act, Police Station Gauriganj, District Amethi is pending. It is further argued that despite the pendency of the case since 2003, the same could not be concluded as yet. It is further argued that the applicant was falsely implicated in the said case and is on bail. It is further argued that while granting bail, no condition on the applicant for obtaining permission for visiting abroad was levelled. The application for obtaining NOC has been rejected solely on the ground that the applicant has not given the duration and the details for travelling abroad, although he wants to go for medical treatment.
4. Considering the abovesaid submission, the order dated 01.09.2023 is liable to be set aside for the reason more than one; firstly, as the Passport Authority itself had issued an Office Memorandum dated 06.12.2024, whereby, it is clarified that for issuance of passport, no NOC is required and it is required only when the applicant wants to travel abroad. Apart from the same, this Court in Ms. Sapna @ Sapna Choudhary vs State of U.P. and another: 2026 AHC-LKO:1015, while placing reliance on the judgment of the Hon'ble Supreme Court in the case of Mahesh Kumar Agarwal vs Union of India and another: 2025 INSC 1476, has categorically held that the right to obtain passport is a right vested by virtue of Article 21of the Constitution of India.
5. The order impugned denying NOC is clearly contrary to the Office Memorandum dated 06.12.2024 and is also contrary to the law as laid down in the case of Mahesh Kumar Agarwal (Supra), as such, the order impugned dated 01.09.2023 is quashed. NOC for issuance of passport is granted.
6. The Passport Authority is directed to issue passport to the applicant for a normal period of 10 years without insisting for NOC.
8. The application stands allowed in the above terms.
(Pankaj Bhatia,J.)
February 2, 2026
akverma
