Allahabad High Court
ANUPAM BANERJEEversusUNION OF INDIA AND 4 OTHERS
- Decided
Holding
The Court held that the petitioner is not required to obtain a No‑Objection certificate as the criminal case is effectively closed, and the passport should be issued upon submission of the certified closure report.
Summary
The petitioner was denied a fresh passport on the ground that a criminal case (Case Crime No. 753 of 2009) was pending, although the investigating officer had submitted a final/closure report which the magistrate had accepted on 27‑07‑2010 and no charge sheet was filed. The petitioner argued that, in view of the Supreme Court’s decision in Rahimuddin v. Union of India, a No‑Objection certificate from the criminal court was not required for passport issuance. The High Court examined whether the pending criminal proceeding, now effectively closed, could justify refusal of a passport. Relying on the precedent, the Court held that the petitioner need not obtain a No‑Objection and directed him to file an application with certified copies of the closure report before the Regional Passport Officer. The Court ordered the passport officer to decide the application within six weeks, provided the petitioner complies within four weeks, and disposed of the writ petition.
Issues considered
- Whether a passport can be denied when the criminal case against the applicant is closed but no final order has been passed.
- Whether a No‑Objection certificate from the criminal court is mandatory for passport issuance in such circumstances.
Legislation cited
- Indian Penal Code — s. 406, 419, 420, 506
Subjects
- passport issuance
- criminal case closure
- No Objection certificate
- Indian Penal Code
- High Court writ petition
- Rahimuddin precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34513 of 2026
Anupam Banerjee
.....Petitioner(s)
Versus
Union Of India And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Imtiyaj Ali, Izharul Haque
Counsel for Respondent(s) : A.S.G.I., Ajay Singh, C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Petitioner is aggrieved by non issuance of a fresh passport only on account
of the pending criminal case though according to him, in the said criminal
case bearing Case Crime No. No. 753 of 2009, under Sections 419, 420, 406
and 506 of IPC, Police Station- Dhoomanganj, District- Prayagraj, the
Investigating Officer has submitted a final/closure report, which has been
accepted by the learned Magistrate on 27.07.2010. However, no final order
has been passed upon the same.
2. In these circumstances, it is contended that the petitioner is not required to
obtain No Objection from the Criminal Court of Law as no charge sheet has
been submitted, in view of the judgment of Rahimuddin vs. Union of India
and another (Neutral Citation No. 2025:AHC181505-DB).
3. In view of the above, the writ petition is disposed of with direction to the
petitioner to move an application along certified copy of the final report as
well as a certified copy of this order before the Regional Passport Officer for
disposal of the pending application and issuance of the passport. If he does
so within a period four weeks from today, the Regional Passport Officer
shall pass appropriate order disposing of the application for grant of passport
in the light of the judgment of Rahimuddin (Supra), as expeditiously as
possible, preferably within a period of six weeks.
September 16, 2026
Junaid
(Siddharth Nandan,J.) (Ajit Kumar,J.)
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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