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Allahabad High Court

CHHEDI CHAUHANversusUNION OF INDIA AND 5 OTHERS

Decided

Holding

The Court directed the petitioner to follow the procedural guidelines from earlier judgments before the Regional Passport Officer can decide the passport re‑issuance, and disposed of the petition.

Summary

Petitioner Chhedi Chauhan filed a writ petition under Article 226 seeking the disposal of his pending application for re‑issuance of a passport. The respondents, including the Union of India, issued a show‑cause notice citing a criminal case (Case Crime No. 1193 of 2013) under Section 3(1) of the Prevention of Damage to Public Property Act, 1984. The Court examined whether the passport authority could proceed with the re‑issuance despite the pending case. It held that the petitioner must first comply with the procedural guidelines laid down in the earlier judgments of Rahimuddin vs Union of India (2025) and Wajiruddin Khan v Union of India (2026). After such compliance, the Regional Passport Officer may decide the application in accordance with those guidelines. The petition was consequently disposed of.

Issues considered

  • Whether a pending criminal case under the Prevention of Damage to Public Property Act bars the re‑issuance of a passport.
  • Whether the High Court can direct the Regional Passport Officer to process the passport application pending compliance with established guidelines.

Legislation cited

Subjects

  • passport re‑issuance
  • show cause notice
  • pending criminal case
  • Article 226
  • Prevention of Damage to Public Property Act
  • High Court procedural guidelines

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                       WRIT - C No. - 36246 of 2026

Chhedi Chauhan
                                                          .....Petitioner(s)
                                  Versus

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

Counsel for Petitioner(s)      : Akash Kumar Verma, Amitesh Pati
                                 Tripathi
Counsel for Respondent(s)      : A.S.G.I., Anant Kumar Tiwari, C.S.C.

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

1. Heard learned counsel for the petitioner as well as Sri Anant Kumar
Tiwari, learned counsel for respondent Nos. 1 & 2 and 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 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.- 1193 of 2013 under Section 3(1) of the Prevention of
Damage to Public Property Act, 1984, Police Station - Rampur Karkhana
(presently Police Station - Maduadih), District - Deoria.

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
                                                                                        WRIC No. 36246 of 2026
                                                                  2


                                    provided in the aforesaid judgments.

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



                                                                      (Siddharth Nandan,J.) (Ajit Kumar,J.)
                                    September 17, 2026
                                    Atmesh




Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad


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