Allahabad High Court
YOGESH CHAUHANversusUNION OF INDIA AND 3 OTHERS
- Decided
Holding
The court held that 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 authorities can grant the passport.
Summary
Petitioner Yogesh Chauhan sought a passport but his application was held up because he is implicated in a criminal case (Case Crime No. 0161 of 2021) under Sections 147, 323, 506, 452 and 34 of the Indian Penal Code. He relied on the Allahabad High Court’s earlier decision in Pawan Kumar Rajbhar (2023) 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 (2025), which held that where a criminal proceeding is stayed by a superior court, permission for passport issuance must be sought from that superior court. The bench directed the petitioner to approach the concerned trial court or the superior court that has stayed the proceedings for a no‑objection certificate, after which the passport authorities must decide within two months. Accordingly, the writ petition was disposed.
Issues considered
- Whether the pendency of a criminal case is a valid ground to deny issuance of a passport.
- Whether the petitioner must obtain permission from the court where the criminal case is pending or from a superior court that has stayed the proceedings before a passport can be issued.
Legislation cited
- Indian Penal Code — s. 147, 323, 34, 452, 506
Subjects
- passport issuance
- criminal case pendency
- no objection certificate
- writ petition
- high court
- Indian Penal Code
- stay of proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10396 of 2026
Yogesh Chauhan
.....Petitioner(s)
Versus
Union Of India And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Danish, Vipin Kumar
Counsel for Respondent(s) : A.S.G.I., C.S.C., Yashwant Singh
Court No. - 2
HON'BLE ATUL SREEDHARAN, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Sri Vipin Kumar, learned counsel for the petitioner and Shri
Yashwant Singh, learned counsel for the respondent nos. 1 to 3.
2. Petitioner's application for 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. 0161 of 2021,
under Sections 147, 323, 506, 452, 34 of I.P.C., P.S. Kasimabad, District-
Ghazipur cannot be a ground to deny 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
fresh decision in the matter relating to issuance of the petitioner's
WRIC No. 10396 of 2026
2
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
Sumit K.
Digitally signed by :-
SUMIT KUMAR
High Court of Judicature at Allahabad
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