Allahabad High Court
PRASHANT KUMAR GUPTAversusUNION OF INDIA AND 2 OTHERS
- Decided
Holding
The Court directed the petitioner to follow the established guidelines and the Regional Passport Officer to dispose of the passport application accordingly, and disposed of the petition.
Summary
Petitioner Prashant Kumar Gupta filed a writ petition under Article 226 seeking the disposal of his pending passport application. The respondents argued that a show‑cause notice had been issued because a criminal case (Case Crime No. 1215 of 2028 under IPC sections 323, 504, 506) was pending against him. The Court observed that the petitioner must first comply with the procedural guidelines laid down in the earlier judgments of Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India. Accordingly, the Regional Passport Officer was directed to process the application in accordance with those guidelines and the timeline prescribed therein. The petition was consequently disposed of.
Issues considered
- Whether a pending criminal case under IPC sections 323, 504, 506 bars the issuance of a passport.
- Whether the High Court can direct the Regional Passport Officer to dispose of the passport application based on guidelines from earlier judgments.
Legislation cited
- Constitution of India — s. 226
- Indian Penal Code — s. 323, 504, 506
Subjects
- passport issuance
- criminal pending case
- show cause notice
- Article 226
- High Court procedural guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 27719 of 2026
Prashant Kumar Gupta
.....Petitioner(s)
Versus
Union Of India And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arnab Banerji, Mohit Behari Mathur
Counsel for Respondent(s) : C.S.C., A.S.G.I., Ajay Singh
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Sri Mohit Behari Mathur learned counsel for the petitioner as well
as learned Standing Counsel and Sri Ajay Singh, for the respondent nos. 1
and 2.
2. By means of this petition filed under Article 226 of the Constitution
petitioner has prayed for disposal of his application for issuance of passport
pending with the concerned Regional Passport Officer.
3. Per contra, it is submitted by learned counsel for the respondents that the
petitioner has been issued with the show cause notice to explain about the
following criminal case which is pending against him:
(i) Case Crime No.-1215 of 2028, under Sections 323, 504, 506 IPC, Police
Station-Dhoomanganj, District - Prayagraj.
4. In our considered view, petitioner should, in the first instance, take steps
according to the guidelines and follow the procedures laid down in the
judgment of this Court in the case of Rahimuddin vs. Union of India &
Another (Neutral Citation No. 2025:AHC:181505-DB) and recently in the
case of Wajiruddin Khan v. Union of India & 2 Others, (Neutral
Citation No. 2026:AHC:138176-DB) and thereafter, the Regional Passport
Officer concerned shall dispose of the application of the petitioner in
accordance with guidelines laid down and timeline provided in the aforesaid
judgments.
5. With the aforesaid observations and directions, this petition stands
WRIC No. 27719 of 2026
2
disposed of.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 17, 2026
piyush
Digitally signed by :-
PIYUSH KUMAR
High Court of Judicature at Allahabad
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