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
- Uttar Pradesh Excise Act — s. 60
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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