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Passport Renewal NOC Cannot Be Denied Amid Prolonged Investigation: Allahabad HC

Case Law Details

TaxGuru Citation
2026 taxguru.in 7597
Case Name
Avnesh Kumar Agarwal Vs Union of India (Allahabad High Court)
Date of Judgement/Order
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Avnesh Kumar Agarwal Vs Union of India (Allahabad High Court)

The Allahabad High Court allowed a writ petition challenging an order dated 20.09.2025 by the Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Bareilly, which had rejected the petitioner’s application for a No Objection Certificate (NOC) required for renewal of his passport. The Court set aside the impugned order, directed issuance of the NOC, and ordered the Regional Passport Authority, Bareilly, to renew the petitioner’s passport in accordance with the prescribed procedure.

The petitioner stated that two FIRs registered in 2007 alleged offences involving corruption, forgery, destruction of official records, and conspiracy against officers of the Commercial Tax Department, transport company owners, truck drivers, and others. In one FIR, the investigation had remained pending for nearly two decades, while in the other, the charge-sheet was filed only in 2024 after approximately 18 years. The petitioner submitted that he was already on bail and that proceedings arising from one FIR had been stayed by a Coordinate Bench of the High Court after considering submissions that the allegations were false, the principal accusations were against government officials, the petitioner was a businessman, the charge-sheet had been filed after an 18-year delay, and there was no pre-summoning evidence against him. On this basis, the petitioner argued that rejection of the NOC application was erroneous.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,910

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