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Allahabad High Court

TAQDEER ALIversusUNION OF INDIA AND 6 OTHERS

Decided

Holding

The petition is disposed of, directing the petitioner to follow the guidelines of the cited judgments before the Regional Passport Officer can decide the passport application.

Summary

Petitioner Taqdeer Ali filed a writ petition under Article 226 seeking the issuance of his pending passport application. The respondents informed the Court that a show‑cause notice had been issued to the petitioner because of a criminal case pending against him under Sections 354, 506 and 323 of the Indian Penal Code. The Court examined whether the passport could be granted while the criminal proceedings were ongoing. It directed the petitioner to 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 must decide the application in accordance with those guidelines and the stipulated timeline. The petition was disposed of with these directions.

Issues considered

  • Whether a passport can be issued to an applicant who has a pending criminal case and a show‑cause notice under the IPC.
  • Whether the petitioner must follow the procedural guidelines laid down in the Court’s earlier judgments before the passport can be processed.

Legislation cited

Subjects

  • passport issuance
  • criminal case
  • show cause notice
  • Article 226
  • High Court
  • procedural guidelines
  • Indian Penal Code
  • jurisdiction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                      WRIT - C No. - 33643 of 2026

Taqdeer Ali
                                                              .....Petitioner(s)
                                   Versus
Union Of India And 6 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)       : Gaurav Kumar Shukla, Shivam Kumar
                                  Mishra
Counsel for Respondent(s)       : Brijesh Kumar, A.S.G.I., Brijeshwar
                                  Sahai Srivastava, C.S.C.

Court No. - 1
                 HON'BLE AJIT KUMAR, J.
                 HON'BLE SIDDHARTH NANDAN, J.

     1. Heard learned counsel for the petitioner as well as Sri
     Brijeshwar Sahai Srivastava, learned counsel for respondent nos.
     2 & 3.

     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. 0111 of 2021, under Sections 354, 506, 323
     IPC, Police Station Nagar, District Basti.

     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 shall dispose of the application of the
     petitioner in accordance with guidelines laid down and timeline
     provided in the aforesaid judgments.
                                                                                        WRIC No. 33643 of 2026
                                                                 2

                                        5. With the aforesaid observations and directions, this petition
                                        stands disposed of.

                                    September 17, 2026
                                    Sartaj
                                                                     (Siddharth Nandan,J.) (Ajit Kumar,J.)




Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad


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