Allahabad High Court
NIRBHAY KUMAR RAIversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petition is dismissed; the petitioner must comply with the guidelines from the cited judgments and the Regional Passport Officer shall decide the application accordingly.
Summary
Petitioner Nirbhay Kumar Rai filed a writ petition under Article 226 seeking the disposal of his pending passport application. The respondents, including the Union of India, informed the Court that a show‑cause notice had been issued to the petitioner because of a criminal case (crime no. 194 of 2026) pending under Sections 285, 221, 352 and 351(3) of the Indian Penal Code. The Court observed that the petitioner must first comply with the procedural guidelines laid down in the earlier judgments of Rahimuddin v. Union of India (2025) and Wajiruddin Khan v. Union of India (2026). Accordingly, the Regional Passport Officer is directed to decide the passport application in accordance with those guidelines and the stipulated timeline. The petition was consequently disposed of.
Issues considered
- Whether a passport application can be granted when the applicant is subject to a pending criminal case and a show‑cause notice.
- Whether the petitioner must follow the procedural guidelines issued in Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India before the passport can be issued.
Subjects
- passport issuance
- show cause notice
- pending criminal case
- Article 226
- High Court
- procedural guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36357 of 2026
Nirbhay Kumar Rai
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alok Chandra, Karunesh Pratap Singh,
Shashank Singh
Counsel for Respondent(s) : A.S.G.I., Anand Kumar Chaubey,
C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard Sri Alok Chandra, learned counsel for the petitioner as well as
Sri Tushar Kant, learned Advocate holding brief of Sri Anand Kumar
Chaubey, learned counsel for respondent nos. 1 & 2.
2. By means of this petition filed under Article 226 of the Constitution
petitioner has prayed for disposal of his application for 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. 194 of 2026, under Sections 285, 221, 352, 351(3)
B.N.S., Police Station Cantt., District Gorakhpur.
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 shall dispose of the application of the petitioner
in accordance with guidelines laid down and timeline provided in the
aforesaid judgments.
WRIC No. 36357 of 2026
2
5. With the aforesaid observations and directions, this petition stands
disposed of.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 11, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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