Allahabad High Court
SATYENDRA KUMARversusUNION OF INDIA AND ANOTHER
- Decided
Holding
The petition is dismissed; the petitioner must first obtain a no‑objection certificate before his passport application can be considered.
Summary
The petitioner, Satyendra Kumar, filed a writ petition under Article 226 seeking a mandamus directing the Regional Passport Office, Lucknow, to re‑issue his passport without delay. His application was pending because a criminal case (Cr. No. 307 of 2016) involving offences under Sections 323, 504, 352, 452, 325 and 427 IPC was ongoing before the trial court. The respondents argued that a no‑objection certificate (NOC) from the criminal court is required before a fresh passport can be granted. The Court referred to its earlier decision in Rahimuddin v. Union of India (2025:AHC:181505‑DB), which held that a petitioner with a pending criminal case must first obtain the requisite NOC. Accordingly, the Court directed the petitioner to apply for the NOC from the police or the court and submit it to the passport officer. The petition was disposed of in accordance with the observations in Rahimuddin, effectively dismissing the relief sought.
Issues considered
- Whether a passport can be re‑issued to a person who has a pending criminal case without a no‑objection certificate.
- Whether the petitioner is required to obtain a NOC from the criminal court before the passport authority can act.
Subjects
- Passport issuance
- No objection certificate
- Pending criminal case
- Article 226
- Writ of mandamus
- High Court of Allahabad
- Criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 15380 of 2026
Satyendra Kumar
.....Petitioner(s)
Versus
Union Of India And Another
.....Respondent(s)
Counsel for Petitioner(s) : Ajai Kumar, Ravindra Pratap Singh
Counsel for Respondent(s) : Bikash Kumar Mishra, G.A.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Ajai Kumar, learned counsel for the petitioner, Sri Bikash
Kumar Mishra, learned panel counsel and learned counsel for State
respondents.
2. By means of this petition filed under Article 226 of the Constitution
petitioner has prayed for following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus directing direction may
be issued to the respondent no.2 Competent Officer, Regional Passport Office
Lucknow to reissue the passport of the petitioner without granting unnecessary delay
accordance with law."
3. It is contended that the application of the petitioner has remained
pending consideration only for the reason that there is a criminal case
against him bearing Case Crime no.307 of 2016, under Sections 323, 504,
352, 452, 325, 427 IPC, Police Station- Chaubeypur, District- Varanasi, is
pending before the trial court.
4. Learned panel counsel appearing for concerned respondents submits
that since there is a pending criminal case against the petitioner and
therefore, unless and until petitioner obtains necessary
objection/sanction/approval from the concerned criminal law court to
travel abroad, his pending application for grant of fresh passport cannot
be disposed of.
WRIC No. 15380 of 2026
2
5. In our considered view the matter stands squarely covered by the
detailed judgment of this Court in case of Rahimuddin vs. Union of
India & Another (Neutral Citation No. - 2025:AHC:181505-DB) and
the petitioner should accordingly seek appropriate no objection certificate
of appeal by moving necessary application before the concerned police or
the concerned court as the case may be and in the event he obtains no
objection and submits the same before the Regional Passport Officer, his
application shall be disposed of in accordance with law laid down in the
case of Rahimuddin (supra).
6. In view of the above, we dispose of this petition in terms of the
observation made and direction issued in case of Rahimuddin (supra).
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
April 23, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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