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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