Allahabad High Court
KURBAN ALIversusUNION OF INDIA AND 4 OTHERS
- Decided
Holding
The petition is dismissed; the petitioner must first comply with the guidelines laid down in Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India before the passport application can be considered.
Summary
Petitioner Kurban Ali filed a writ petition under Article 226 seeking issuance of a fresh passport, which was pending with the Regional Passport Officer. The respondents informed the Court that a show‑cause notice had been issued to the petitioner because a criminal case (Case Crime No. 275 of 2007) under IPC sections 147, 323, 324 and 504 was pending against him. The Court held that the petitioner must first comply with the procedural guidelines laid down in the recent judgments of Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India before the passport authority can consider his application. Accordingly, the Court directed the petitioner to follow those guidelines and the Regional Passport Officer to dispose of the application in accordance with the timelines prescribed in those cases. The petition was thereafter disposed.
Issues considered
- Whether a petitioner with a pending criminal case under the IPC can be granted a fresh passport without complying with the procedural guidelines issued by the High Court in earlier cases.
Legislation cited
- Indian Penal Code — s. 147, 323, 324, 504
Subjects
- passport issuance
- criminal pending case
- show cause notice
- Article 226
- High Court procedural guidelines
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36442 of 2026
Kurban Ali
.....Petitioner(s)
Versus
Union Of India And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Asif Ali, Faizan Ahmad, Mohd. Kalim
Counsel for Respondent(s) : A.S.G.I., C.S.C., Sunil Sharma
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard learned counsel for the petitioner as well as Sri Sunil Sharma,
learned counsel for the 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 issuance of fresh
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.- 275 of 2007, under Sections 147, 323, 324, 504
I.P.C., Police Station - Karchana, District - Prayagraj.
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
provided in the aforesaid judgments.
WRIC No. 36442 of 2026
2
5. With the aforesaid observations and directions, this petition stands
disposed of.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 18, 2026
Atmesh
Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad
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