Allahabad High Court
BRIJKISHOR KUSHWAHAversusUNION OF INDIA AND 3 OTHERS
- Decided
Holding
The petitioner must obtain a no‑objection certificate or permission from the court where the criminal case is pending (or the superior court that has stayed it) before the passport can be re‑issued.
Summary
The petitioner, Brijkishor Kushwaha, applied for re‑issuance of his passport which was withheld because he is implicated in a criminal case (Case Crime No. 36 of 2022) under IPC sections 147, 323, 504 and 506. He relied on the Division Bench judgment in Pawan Kumar Rajbhar v. Union of India, arguing that mere pendency of a criminal case cannot be a ground to deny a passport if the petitioner obtains permission from the court where the case is pending. The Court also referred to Rahimuddin v. Union of India, which held that when a criminal proceeding is stayed, permission for a passport must be sought from the superior court that stayed the case. The Allahabad High Court directed the petitioner to approach the concerned court (or the superior court that has stayed the proceedings) for a no‑objection certificate, after which the passport authorities should act within two months. Accordingly, the writ petition was disposed.
Issues considered
- Whether the pendency of a criminal case under IPC sections 147, 323, 504 and 506 can be a ground to deny re‑issuance of a passport.
- From which court the petitioner must obtain permission or a no‑objection certificate for passport re‑issuance.
- What is the effect of a stay of criminal proceedings on the passport authority's decision.
Legislation cited
- Indian Penal Code — s. 147, 323, 504, 506
Subjects
- passport re‑issuance
- criminal case pendency
- no‑objection certificate
- jurisdiction
- stay of proceedings
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10323 of 2026
Brijkishor Kushwaha
.....Petitioner(s)
Versus
Union Of India And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Kumar Dubey, Ashutosh Kumar
Shukla
Counsel for Respondent(s) : A.S.G.I., C.S.C.
Court No. - 2
HON'BLE ATUL SREEDHARAN, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Sri Ankit Kumar Dubey learned counsel for the petitioner. None
appeared on behalf Union of India.
2. Petitioner's application for re-issuance of passport apparently has been
kept pending on account of his implication in criminal case. Reliance is
placed upon the Division Bench judgment of this Court in Writ - C No.
41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India & 2 Ors.), in
order to contend that mere pendency of Case Crime No. 36 of 2022, under
Sections 147, 323, 504 and 506 I.P.C., P.S. Shreerampur, District- Deoria
cannot be a ground to deny re-issuance of passport to the petitioner,
provided appropriate permission is taken by the petitioner from the Court,
where the case is pending.
3. A learned co-ordinate Bench in Rahimuddin Vs. Union Of India And
Another, Neutral Citation No. - 2025:AHC:181505-DB has
unequivocally held that where a criminal case has been stayed by a
superior Court, the permission for issuance of passport, shall be sought
from the superior Court, which stayed the criminal proceedings.
4. In the facts of the case, we permit the petitioner to approach the
concerned court where the aforesaid case is pending for grant of no
objection certificate or approach such superior Court, which has stayed
the proceeding before the trial court or has passed the order granting any
interim protection to the petitioner, so that the passport authorities take a
WRIC No. 10323 of 2026
2
fresh decision in the matter relating to re-issuance of the petitioner's
passport. Petitioner, therefore, is at liberty to approach the concerned
court which shall act in terms of the law laid down in Pawan Kumar
Rajbhar and Rahimuddin (supra) and based upon its decision, the
passport authorities would do the needful by passing appropriate orders
within a further period of two months, thereafter.
5. Accordingly, the present writ petition is disposed of.
(Siddharth Nandan,J.) (Atul Sreedharan,J.)
March 19, 2026
piyush
Digitally signed by :-
PIYUSH KUMAR
High Court of Judicature at Allahabad
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