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Allahabad High Court

AMAN CHAUHANversusUNION OF INDIA AND 5 OTHERS

Decided

Holding

The petitioner must first comply with the guidelines prescribed in Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India, after which the Regional Passport Officer shall decide the passport application accordingly.

Summary

The petitioner, Aman Chauhan, filed a writ petition under Article 226 seeking the disposal of his pending application for a fresh passport. The respondents, including the Union of India, issued a show‑cause notice because a criminal case (Case Crime No. 0319 of 2025) is pending against the petitioner under several sections of the BNS Act. The Court observed that the petitioner must first comply with the procedural guidelines laid down in the judgments of Rahimuddin v. Union of India & Another (2025) and Wajiruddin Khan v. Union of India & Others (2026). Accordingly, the Regional Passport Officer should decide the passport application in accordance with those guidelines and timelines. The petition was therefore disposed of with directions to the petitioner to follow the cited procedures.

Issues considered

  • Whether a fresh passport can be issued to a petitioner while a criminal case is pending against him
  • Whether the petitioner must comply with the procedural guidelines laid down in earlier Supreme Court/High Court judgments before the passport application can be considered

Legislation cited

  • BNS — s. 115(2), 3(5), 351(3), 352, 74

Subjects

  • passport issuance
  • criminal pending case
  • Article 226
  • show cause notice
  • High Court of Allahabad
  • procedural guidelines

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                             WRIT - C No. - 34515 of 2026

                                    Aman Chauhan
                                                                                                      .....Petitioner(s)
                                                                         Versus
                                    Union Of India And 5 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)               :   Amrita Singh
                                    Counsel for Respondent(s)               :   A.S.G.I., C.S.C., Mahabir Singh

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

                                    1. Heard learned counsel for the petitioner as well as learned Standing
                                    Counsel for the State-respondents.

                                    2. By means of this petition filed under Article 226 of the Constitution petitioner
                                    has prayed for disposal of his application for issuance of fresh 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.- 0319 of 2025, under Sections 74, 3(5), 115(2), 352,
                                    351(3) of BNS, Police Station - Kopaganj, District - Mau.

                                    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
                                    disposed of.

                                    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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