Allahabad High Court
MOHAMMAD ESAversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petition is disposed, directing the petitioner to comply with the guidelines from Rahimuddin and Wajiruddin Khan before the passport application can be considered.
Summary
Petitioner Mohammad Esa filed a writ petition under Article 226 seeking the disposal of his pending application for a fresh passport. The respondents informed the Court that a show‑cause notice had been issued to the petitioner in a criminal case (Case Crime No. 0531 of 2023) under Sections 3 and 25 of the Arms Act. The Court held that the petitioner must first comply with the procedural guidelines laid down in the earlier judgments of Rahimuddin vs Union of India & Another (2025) and Wajiruddin Khan vs Union of India & Others (2026). Accordingly, the Regional Passport Officer should consider the application only after the petitioner follows those guidelines and the prescribed timeline. The petition was therefore disposed of.
Issues considered
- Whether a person facing a pending criminal case under the Arms Act is entitled to a fresh passport.
- Whether relief can be granted under Article 226 against the Regional Passport Officer’s refusal.
Legislation cited
- Arms Act — s. 25, 3
Subjects
- passport
- Arms Act
- Article 226
- show cause notice
- fresh passport
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35585 of 2026
Mohammad Esa
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Danish, Nadeem, Rajiv Sisodia
Counsel for Respondent(s) : A.S.G.I., C.S.C., Dharmendra Singh
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard learned counsel for the petitioner and Sri Dharmendra Singh,
learned counsel for respondent Nos. - 1 & 2 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.- 0531 of 2023 under Section 3/ 25 of Arms Act,
Police Station - Mandi Dhanora, District - Amroha.
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.
WRIC No. 35585 of 2026
2
5. With the aforesaid observations and directions, this petition stands
disposed of.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 16, 2026
Atmesh
Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad
Checking your session…