Allahabad High Court
MOHAMMAD MUNNAversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petition was disposed, directing the petitioner to follow the procedural guidelines for passport issuance and not granting the ten‑year passport.
Summary
The petitioner, Mohammad Munna, filed a writ petition under Article 226 seeking re‑issuance of his passport for a ten‑year period, relying on a trial court order that gave a no‑objection but did not specify a duration. The Regional Passport Officer had instead issued a passport valid for only one year under a Ministry of External Affairs and Ministry of Home Affairs notification. Respondents contended that a show‑cause notice had been issued against the petitioner in a pending criminal case (IPC Sections 506, 504, 323). The Court referred the petitioner to the procedural guidelines laid down in the recent judgments of Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India, directing that the application be processed in accordance with those guidelines. Consequently, the petition was disposed without granting the ten‑year passport, with the petitioner instructed to follow the established procedure.
Issues considered
- Whether the petitioner is entitled to a ten‑year passport despite the trial court’s order lacking a specific time period
- Whether the pending criminal case and show‑cause notice affect the issuance of a passport
Subjects
- passport re‑issuance
- Article 226
- show‑cause notice
- pending criminal case
- guidelines
- Ministry of External Affairs
- Ministry of Home Affairs
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37529 of 2026
Mohammad Munna
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Tripathi
Counsel for Respondent(s) : A.S.G.I., C.S.C., Ishan Shishu
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Sri Anurag Tripathi, learned counsel for the petitioner as well
as Sri Ishan Shishu, learned counsel for respondent nos. 1 & 2.
2. By means of this petition filed under Article 226 of the Constitution
petitioner wants re-issuance of the passport which would remain valid for
a period of 10 years as he has already issued with the passport for the no
objection granted by the trial court for such re-issuance of the passport.
However, since the trial court has not provided any time period for
issuance of the passport, the Regional Passport Officer has already issued
the passport which is valid for a period of one year under the notification
issued by the Ministry of External Affairs as well as Ministry of Home
Affairs. Hence we are of the considered view that unless and until the trial
court recalls its order of no objection, petitioner is entitled for re-issuance
of passport upon expiry of period of one year. We have already taken this
view in our judgment passed today in writ petition being Writ - C No.
37494 of 2026.
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. 640 of 2010, under Sections 506, 504, 323 IPC, Police
Station Taryasujan, District Kushinagar.
4. In our considered view, petitioner should, in the first instance, take
steps according to the guidelines and follow the procedures laid down in
WRIC No. 37529 of 2026
2
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.
5. With the aforesaid observations and directions, this petition stands
disposed of.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 18, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
Checking your session…