Allahabad High Court
ANKIT KUMARversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petition is dismissed, directing the petitioner to comply with the procedural guidelines laid down in Rahimuddin and Wajiruddin judgments before the Regional Passport Officer can consider his fresh passport application.
Summary
Ankit Kumar filed a petition under Article 226 seeking a fresh passport while a criminal case (NCR No. 60 of 2017 under Sections 323 and 504 IPC) was pending against him. The respondents, the Union of India and others, argued that a show‑cause notice had been issued and that the passport could not be granted until the case was resolved. 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 (2025) and Wajiruddin Khan v. Union of India (2026). After following those guidelines, the Regional Passport Officer may decide the application within the timelines prescribed. Accordingly, the petition was disposed of with directions to the petitioner to adhere to the said guidelines.
Issues considered
- Whether a fresh passport can be issued to a petitioner when a criminal case under Sections 323 and 504 IPC is pending.
- Whether the petitioner must first comply with the procedural guidelines established in Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India before the passport authority can consider the application.
Subjects
- Passport
- Criminal case
- Show cause notice
- Article 226
- High Court
- Procedural guidelines
- Pending criminal proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37086 of 2026
Ankit Kumar
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Singh
Counsel for Respondent(s) : A.S.G.I., C.S.C., Gaurav Kumar Chand
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard Sri Manoj Kumar singh, learned counsel for the petitioner as
well as Mr. Gaurav Kumar Chand, learned counsel for the respondents-
Union of India 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) NCR No.- 60 of 2017 under Sections 323, 504 I.P.C., Police Station -
Salempur, District - Deoria.
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. 37086 of 2026
2
5. With the aforesaid observations and directions, this petition stands
disposed of.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 30, 2026
Atmesh
Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad
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