Allahabad High Court
GULAM YAZ DANI KHANversusUNION OF INDIA AND ANOTHER
- Decided
Holding
The court held that, given the petitioner’s acquittal, he may file a representation to the Regional Passport Officer, who must decide the passport hold within a month.
Summary
The petitioner, Gulam Yaz Dani Khan, filed a writ petition challenging the passport authority's order that placed his passport on hold. He argued that he had been acquitted in criminal case No.1377 of 2018 and that no criminal proceedings were pending against him, making the hold illegal. The court examined the record and confirmed the acquittal. It directed the petitioner to submit a detailed representation to the Regional Passport Officer within one month, and ordered the officer to consider and decide the matter within another month. The writ petition was therefore disposed, allowing the representation process to proceed.
Issues considered
- Whether a passport can be lawfully held when the holder has been acquitted and no criminal case is pending
- Whether the passport authority acted beyond its jurisdiction in placing the passport on hold
Subjects
- passport
- passport hold
- acquittal
- criminal case
- writ petition
- High Court
- Article 226
- representation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18639 of 2026
Gulam Yaz Dani Khan
.....Petitioner(s)
Versus
Union Of India And Another
.....Respondent(s)
Counsel for Petitioner(s) : Muqeem Ahmad, Mushtaq Ahmad
Counsel for Respondent(s) : A.S.G.I.
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
Order on Order-sheet:
Learned counsel for the petitioner is permitted to add "Regional Passport
Officer, Regional Office, Lucknow" as respondent No.3 in the array of the
party during the course of the day.
Order on Writ Petition:
1. Heard learned counsel for the petitioner and learned counsel for the
respondents.
2. The petitioner by means of the present writ petition has assailed the
order passed by the respondent Authority whereby the passport of the
petitioner has been put on hold.
3. According to the petitioner, he has been acquitted in a criminal case
No.1377 of 2018, copy of the order is appearing at page No.20 of the
paper book. Thus, it is contended that as on today there is no criminal
case pending against the petitioner yet the respondent-Authority has
illegally put the passport of the petitioner on hold.
4. Be that as it may, from the record it appears that the petitioner has been
acquitted in the aforesaid criminal case.
5. Accordingly, we dispose off the writ petition permitting the petitioner
to file a detailed representation against the order putting the passport of
WRIC No. 18639 of 2026
2
the petitioner on hold within a period of one month. On submitting such
representation, the respondent No.3-Regional Passport Officer, Regional
Office, Lucknow shall consider and decide the same within a period of
one month thereafter.
May 12, 2026
SS
(Garima Prashad,J.) (Saral Srivastava,J.)
Digitally signed by :-
SUNIL KUMAR SHARMA
High Court of Judicature at Allahabad
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