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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