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Allahabad High Court

YOGESH KUMAR AGRAWALversusUNION OF INDIA AND 5 OTHERS

Decided

Holding

The petition is disposed with a direction that the petitioner must submit certified copies of the fine order and receipt within four weeks, after which the passport re‑issuance application will be considered per the cited precedents.

Summary

Petitioner Yogesh Kumar Agrawal filed a writ petition under Article 226 seeking re‑issuance of his expired passport, alleging that his criminal conviction and two‑year sentence should not bar the passport as he has already paid the imposed fine and the case is concluded. The respondents argued that the conviction remains a bar. The Court held that the petitioner must furnish a certified copy of the order imposing the fine and the receipt of payment within four weeks, after which his passport application will be considered in accordance with the judgments in Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India. The Court therefore disposed of the petition with this direction, without granting or denying the passport re‑issuance at this stage.

Issues considered

  • Whether a conviction and two‑year imprisonment sentence disqualify a person from passport re‑issuance under the Passport Act.
  • Whether payment of the fine and closure of the criminal case remove the disqualification.
  • What procedural steps must the petitioner comply with before the passport application can be considered.

Subjects

  • passport re‑issuance
  • criminal conviction
  • fine payment
  • Article 226
  • High Court
  • procedural direction
  • disqualification

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 36570 of 2026

                                    Yogesh Kumar Agrawal
                                                                                                .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)       : Ajai Mani Tiwari
                                    Counsel for Respondent(s)       : A.S.G.I., C.S.C., Rajesh Kumar Jaiswal

                                    Court No. - 1
                                                       HON'BLE AJIT KUMAR, J.
                                                       HON'BLE GARIMA PRASHAD, J.

                                    1. Heard learned counsel for the parties and perused the records.

                                    2. By means of this petition filed under Article 226 of the Constitution,
                                    petitioner wants re-issuance of passport which has already been expired
                                    and application has remained pending consideration.

                                    3. It is contended by learned counsel for the petitioner that petitioner has
                                    already been imposed fine in the criminal case and petitioner has already
                                    deposited the fine and thus the criminal case has stood concluded.

                                    4. In the circumstances, therefore, the petitioner cannot be denied re-
                                    issuance of the passport on the ground that he has been convicted in the
                                    criminal case and sentenced for a period of two years.

                                    5. In view of the above, we dispose of this petition with a direction to the
                                    petitioner to submit a certified copy of the order charging him with the
                                    fine in the criminal case including the proceedings and also the receipt
                                    evidencing the factum of deposit the fine and if he does so along with
                                    application within a period of four weeks from today, his application for
                                    re-issuance of passport shall be considered in the light of 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.


                                                                       (Garima Prashad,J.) (Ajit Kumar,J.)
                                    September 21, 2026
                                    Atmesh




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

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