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Allahabad High Court

RAHUL YADAVversusUNION OF INDIA AND 6 OTHERS

Decided

Holding

The petition is dismissed; the passport can be issued only for the one‑year period as ordered by the trial court.

Summary

Petitioner Rahul Yadav, who had been issued a passport valid for one year due to his involvement in a criminal case, sought a ten‑year passport as prescribed under the Passport Act, 1967. The trial court had earlier granted a No Objection Certificate (NOC) with a rider limiting the passport to a one‑year period. The High Court held that the trial court's limitation cannot be overridden and therefore the petitioner is not entitled to a ten‑year passport. However, the Court clarified that the petitioner may apply for re‑issuance before the expiry of the one‑year period provided he is not implicated in any other criminal case and no adverse order is passed. The petition was consequently disposed.

Issues considered

  • Whether a petitioner whose passport was issued for one year due to involvement in a criminal case can be granted a ten‑year passport under the Passport Act, 1967.

Legislation cited

Subjects

  • passport
  • criminal case
  • No Objection Certificate
  • Passport Act 1967
  • writ petition
  • re‑issuance
  • period limitation

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 35588 of 2026

                                    Rahul Yadav
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    Union Of India And 6 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : Ashok Kumar Yadav
                                    Counsel for Respondent(s)       : A.S.G.I., C.S.C., Narendra         Kumar
                                                                      Chatterjee

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

                                    1. Heard learned counsel for the parties and perused the records.

                                    2. Petitioner has already been issued with a passport which is valid for a
                                    period of one year on account of his involvement in a criminal case
                                    regarding which, he has obtained 'No Objection Certificate' which is
                                    issued with a rider that petitioner would be issued passport only for a
                                    period one year.

                                    3. In the circumstances, when trial court itself has granted permission for
                                    issuance of passport for a period of only one year, no further relief can be
                                    granted to the petitioner for issuance of passport for a period of ten years
                                    as prescribed for under the Passport Act, 1967.

                                    4. However, it is clarified that unless petitioner is implicated in any other
                                    criminal case petitioner would be allowed re-issuance of passport before
                                    expiry of one year period until concerned court passes any adverse order.

                                    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


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