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Allahabad High Court

RAJENDRA KUMARversusUNION OF INDIA AND 5 OTHERS

Decided

Holding

The petition was disposed of with directions that the petitioner must first comply with the procedural guidelines laid down in Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India before the passport application can be decided.

Summary

The petitioner, Rajendra Kumar, filed a writ petition under Article 226 seeking the re‑issuance of his passport, which was pending before the Regional Passport Officer. The respondents contended that a show‑cause notice had been issued because a criminal case (Case Crime No. 0034 of 2024) under Section 60 of the Uttar Pradesh Excise Act was pending against the petitioner. The Court examined whether the pending criminal proceeding barred the passport re‑issuance and referred to procedural guidelines laid down in Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India. It held that the petitioner must first comply with those guidelines before the passport authority can decide on his application. Accordingly, the Court directed the petitioner to follow the prescribed procedure and the Regional Passport Officer to dispose of the application in accordance with the timelines set in the cited judgments. The petition was disposed of.

Issues considered

  • Whether the pending criminal case under Section 60 of the Uttar Pradesh Excise Act justifies denial of passport re‑issuance.
  • Whether the petitioner must comply with the procedural guidelines laid down in Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India before the passport authority can act.

Legislation cited

Subjects

  • passport re‑issuance
  • show‑cause notice
  • pending criminal case
  • Article 226
  • Uttar Pradesh Excise Act
  • procedural guidelines
  • High Court writ petition

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 35698 of 2026

Rajendra Kumar
                                                              .....Petitioner(s)
                                   Versus

Union Of India And 5 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)           :   Sharad Saran Srivastava
Counsel for Respondent(s)           :   A.S.G.I., C.S.C., Suchit Tandon

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

     1. Heard learned counsel for the petitioner as well as Sri Suchit
     Tandon, learned counsel for respondents.

     2. By means of this petition filed under Article 226 of the
     Constitution petitioner has prayed for disposal of his application
     for re-issuance of 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.- 0034 of 2024, under Section 60 U.P.Excise
     Act, Police Station- Saini, District Kaushambi.

     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
                                                                                            WRIC No. 35698 of 2026
                                                                     2


                                            down and timeline provided in the aforesaid judgments.

                                            5. With the aforesaid observations and directions, this petition
                                            stands disposed of.



                                                                         (Siddharth Nandan,J.) (Ajit Kumar,J.)
                                    September 16, 2026
                                    A.K.Srivastava




Digitally signed by :-
ARUN KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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