ANAND PALversusUNION OF INDIA AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 17620 of 2026


Anand Pal
                                                             .....Petitioner(s)


                                   Versus



Union Of India And Another
                                                           .....Respondent(s)

Counsel for Petitioner(s)               :   Prabhakar Kumar Mishra
Counsel for Respondent(s)               :   A.S.G.I.

Court No. - 40


                     HON'BLE SARAL SRIVASTAVA, J.
                     HON'BLE GARIMA PRASHAD, J.

1. List of fresh cases has been revised.
2. Despite service of notice in the office of Additional Solicitor General
of India, none appears on behalf the Union of India.
3. Heard learned counsel for the petitioner.
4. The petitioner by means of present writ petition has prayed for the
following relief:-
         "Issue a writ, order or direction in the nature of mandamus
         commanding the respondents particularly respondent no. 2 to
         issue the passport normal (fresh) pursuance to the application
         dated 12.03.2026 of the petitioner bearing Application File No.
         LKP067025960126, ignoring the criminal cases bearing Case
         Crime no.0120 of 2025, under section 115(2), 351(2), 352 of
         B.N.S. at P.S. Aung, District-Fatehpur & Case crime no. 0009
         of 2026, under section 74, 351(2) of B.N.S. at P.S. Aung,
         District-Fatehpur, registered/pending against the petitioner."
5. The petitioner has applied for issuance of fresh passport. According to
the petitioner, the respondent No.2/Regional Passport Officer, Lucknow
has neither issued the passport nor has passed any order for grant of
issuance of passport on the ground of pendency of a criminal case against
the petitioner.
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6. A coordinate Bench of this Court in Pawan Kumar Rajbhar v. Union
of India and others (Writ-C No. 41540 of 2023, decided on 19.01.2024)
has held that pendency of criminal proceedings, including at the stage of
investigation, does not by itself justify rejection of a passport application,
which must be considered in terms of Notification dated 25.08.1993. It
has further laid down that upon receipt of information regarding pendency
of criminal proceedings from the State authorities, the Regional Passport
Office shall intimate the applicant within one week and grant not less than
eight weeks to obtain permission from the competent court, during which
period the application may be kept pending. Upon submission of such
permission, the passport shall be processed expeditiously and without
undue delay, preferably within one week.

7. Further, in Harshit Vaish v. State of U.P. and another (Criminal
Revision No. 524 of 2026, decided on 18.03.2026), this Court, taking note
of Office Memorandum dated 06.12.2024 issued by the Ministry of
External Affairs, has observed that while no separate NOC is required, an
order of the competent court permitting the applicant to travel abroad is a
necessary precondition for issuance of a passport. The trial court may
grant or refuse permission and may impose such conditions as it deems
appropriate, including specification of the duration of travel.

8. In view of the above, since the decision in respect of issuance of the
passport is to be taken by respondent No.2, accordingly, the petitioner is
permitted to file a fresh representation before respondent No.2 within a
period of one month from today. On filing the said representation,
respondent No.2 shall consider and decide the application for issuance of
passport to the petitioner in the light of the aforesaid judgements within
the period of three months from the date of receipt of such representation.

9. It is clarified that this Court does not dilute or depart from the
mandatory framework contained in Notification G.S.R. 570(E) dated 25
August 1993 and the clarificatory Office Memorandum dated 06.12.2024
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                                    issued under Section 22 of the Passports Act, 1967, including the
                                    stipulation that, where no specific period is fixed by the competent Court,
                                    the passport shall be issued for a period of one year.

                                    10. With the aforesaid observations, the present petition is disposed off.


                                                                   (Garima Prashad,J.) (Saral Srivastava,J.)
                                    May 6, 2026
                                    Kuldeep




Digitally signed by :-
KULDEEP SINGH
High Court of Judicature at Allahabad