Allahabad High Court
SAHABUDDINversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petitioner must first comply with the procedural guidelines laid down in Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India, after which the Regional Passport Officer shall dispose of the passport application in accordance with those guidelines.
Summary
Petitioner Sahabuddin filed a writ petition under Article 226 seeking the disposal of his pending application for a fresh passport. The respondents informed the Court that a show‑cause notice had been issued to the petitioner in a criminal case (Case Crime No. 163 of 2020) under Sections 3 and 4 of the U.P. Gambling Act. The Court held that the petitioner must first comply with the procedural guidelines laid down in the earlier judgments of Rahimuddin v. Union of India (2025) and Wajiruddin Khan v. Union of India (2026). After complying, the Regional Passport Officer should decide the passport application in accordance with those guidelines and the timeline prescribed. Accordingly, the petition was disposed of.
Issues considered
- Whether a fresh passport can be issued to a petitioner when a criminal case under the U.P. Gambling Act is pending and a show‑cause notice has been issued.
- Whether the petitioner must follow the procedural guidelines laid down in Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India before the passport can be granted.
- Whether the High Court can direct the Regional Passport Officer to decide the application based on those guidelines.
Legislation cited
- U.P. Gambling Act — s. 3, 4
Subjects
- passport
- criminal case
- show cause notice
- U.P. Gambling Act
- Article 226
- procedural guidelines
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37355 of 2026
Sahabuddin
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Upadhyay, Sujeet Kumar
Counsel for Respondent(s) : A.S.G.I., C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard learned counsel for the petitioner as well as Sri Gaya Prasad
Singh, learned counsel for 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.- 163 of 2020 under Section 3/4 of U.P. Gambling Act,
Police Station - Erich, District - Jhansi.
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. 37355 of 2026
2
5. With the aforesaid observations and directions, this petition stands
disposed of.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 17, 2026
Atmesh
Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad
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