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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR, J
ZAHOOR AHMAD PAHALWAN – Appellant
Versus
UT OF J&K – Respondent
| Table of Content |
|---|
| 1. challenging the trial court's refusal to grant noc. (Para 1) |
| 2. the process of obtaining the noc and its implications. (Para 2 , 3 , 4) |
| 3. legal rights relating to passport issuance. (Para 5 , 6 , 7) |
| 4. role of criminal courts in considering noc applications. (Para 8) |
| 5. outcome of the petition and remand for reconsideration. (Para 9 , 10) |
ORDER (ORAL)
26.11.2025
1) The petitioner through the medium of present petition has challenged order dated 25.10.2025 passed by the Court of learned Special Judge, Anticorruption, Anantnag (for short “the trial court”), whereby his application for grant of No Objection Certificate for obtaining/renewing passport has been dismissed.
2) Issue notice to the respondent. Mr. Ilyas Laway, GA, enters appearance and accepts notice on behalf of the respondent.
3) It appears that the petitioner is facing trial in a case arising out of FIR No.05/2022 for offences under Section 409 , 418, 465, 467, 468, 471, 120-B IPC, 7A, 8, 12 and 13(1) of Prevention of Corruption Act . During the pendency of the challan against the petitioner, he applied for grant of NOC before the learned trial court for obtaining passport for the purpose of undertaking Hajj P
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