Allahabad High Court
RAVINDRA KUMAR BHARTIversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petition is disposed of, directing the petitioner to follow the established guidelines before the passport application can be processed.
Summary
The petitioner filed a writ petition under Article 226 seeking the reissuance of his passport, which was pending before the Regional Passport Officer. The respondents argued that a show‑cause notice had been issued to the petitioner because of a pending criminal case (case crime no. 0233 of 2026) involving offences under Sections 3(5), 326(e), 352 and 351(2) 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 & Another (2025) and Wajiruddin Khan v. Union of India & 2 Others (2026). It directed that, after following those guidelines, the Regional Passport Officer should decide the passport application within the timelines prescribed in those cases. Accordingly, the petition was disposed of with the said directions.
Issues considered
- Whether a passport reissuance application can be entertained while a criminal case is pending against the applicant.
- Whether the petitioner must comply with the procedural guidelines issued in Rahimuddin v. Union of India & Another and Wajiruddin Khan v. Union of India & 2 Others before the passport can be reissued.
Legislation cited
- Indian Penal Code — s. 326(e), 3(5), 351(2), 352
Subjects
- passport reissuance
- criminal case
- show cause notice
- Article 226
- High Court
- procedural guidelines
- pending criminal proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36849 of 2026
Ravindra Kumar Bharti
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jay Prakash, Shivkumar Gupta, Vinay
Kumar Bharti
Counsel for Respondent(s) : A.S.G.I., C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the parties and perused the record.
2. By means of this petition filed under Article 226 of the Constitution
petitioner has prayed for disposal of his application for reissuance 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. 0233 of 2026, under Sections 3(5), 326(e), 352, 351(2)
B.N.S., Police Station Sarailakhansi, District Mau.
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. 36849 of 2026
2
5. With the aforesaid observations and directions, this petition stands
disposed of.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 30, 2026
Sachin Mishra
Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad
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