WAKEEL AHMADversusUNION OF INDIA AND 4 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 17838 of 2026


Wakeel Ahmad
                                                              .....Petitioner(s)


                                    Versus



Union Of India And 4 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)                :   Mohd Jameel, Zia Uddin
Counsel for Respondent(s)                :   A.S.G.I., C.S.C.

Court No. - 40



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

1. Heard learned counsel for the petitioner, Sri Vijay Kumar Mishra,
learned counsel for the Union of India and the learned Standing Counsel
for the State.
2. The petitioner by means of present writ petition has prayed for the
following relief:-
         "i) issue a writ, order or direction in the nature of Mandamus
         directing the Passport Authorities i.e. respondents No. 2 and 3,
         to process the application and Re-issue of the Passport of the
         petitioner, sought vide Application Reference NO. (ARN) 26-
         0056912496 dated 10-03-2026 being uninfluenced by the
         pendency of a criminal case against the petitioner which is still
         pending investigation otherwise the Petitioner shall suffer
         irreparable loss and injury."
3. The petitioner has applied for reissue of passport. According to the
petitioner, the respondent No.2/Regional Passport Officer, Bareilly 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.

4. A coordinate Bench of this Court in Pawan Kumar Rajbhar v. Union
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                                2


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.

5. 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.

6. 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.

7. 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
issued under Section 22 of the Passports Act, 1967, including the
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                                    stipulation that, where no specific period is fixed by the competent Court,
                                    the passport shall be issued for a period of one year.

                                    8. 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