Allahabad High Court
SANTOSH KUMARversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petition is disposed with directions that the petitioner must follow the procedural guidelines from Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India before the passport application can be considered.
Summary
Santosh Kumar filed a petition under Article 226 seeking the disposal of his pending passport application. The respondents argued that a show‑cause notice had been issued to the petitioner because of a criminal case (crime no. 286 of 2024) involving offences under Sections 115(2), 352 and 351(2) of the B.N.S. 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 & Another (2025) and Wajiruddin Khan v. Union of India & 2 Others (2026). After the petitioner follows those steps, the Regional Passport Officer should decide the application in accordance with the said guidelines and timelines. The Court therefore disposed of the petition with these directions and did not order the issuance of a passport.
Issues considered
- Whether a pending criminal case and a show‑cause notice bar the issuance of a passport to the petitioner.
- Whether the High Court can direct the Regional Passport Officer to process the passport application subject to compliance with guidelines from earlier judgments.
Subjects
- passport
- criminal case
- show cause notice
- Article 226
- procedural guidelines
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36365 of 2026
Santosh Kumar
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhirendra Kumar Bharati, Abhishek
Kumar Saroj, Anil Kumar
Counsel for Respondent(s) : A.S.G.I., C.S.C., Prem Narayan Rai
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard Sri Dhirendra Kumar Bharati, learned counsel for the petitioner
as well as Sri Prem Narayan Rai, 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. 286 of 2024, under Sections 115(2), 352, 351(2) of
B.N.S., Police Station Gaura Badshahpur, District Jaunpur.
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. 36365 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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