Allahabad High Court
SUNNY JAISWALversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petitioner must first comply with the procedural guidelines laid down in Rahimuddin and Wajiruddin Khan, after which the Regional Passport Officer shall dispose of the passport application accordingly.
Summary
Petitioner Sunny Jaiswal filed a writ petition under Article 226 seeking the disposal of his pending passport application. The respondents argued that a show‑cause notice had been issued because a criminal case (case crime no. 54 of 2025 under Section 223 IPC) was pending against him. 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 and Wajiruddin Khan v. Union of India. After the petitioner follows those guidelines, the Regional Passport Officer may decide the application in accordance with the timelines prescribed in those cases. Accordingly, the petition was disposed of.
Issues considered
- Whether a pending criminal case under Section 223 IPC bars the issuance of a passport.
- Whether the petitioner must adhere to the procedural guidelines issued in Rahimuddin and Wajiruddin Khan before the passport can be granted.
- Whether the High Court can direct the Regional Passport Officer to follow those guidelines and timelines.
Legislation cited
- Indian Penal Code — s. 223
Subjects
- passport issuance
- show cause notice
- Section 223 IPC
- Article 226
- procedural guidelines
- High Court
- Regional Passport Officer
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37533 of 2026
Sunny Jaiswal
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Mishra, Anita Singh
Counsel for Respondent(s) : A.S.G.I., C.S.C., Krishna Kant Shukla
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Ms. Divya Pandey, learned Advocate holding brief of Ms.
Anita Singh, learned counsel for the petitioner as well as Sri Jai Shukla,
learned Advocate holding brief of Sri Krishna Kant Shukla, learned
counsel for respondent nos. 1 & 2.
2. By means of this petition filed under Article 226 of the Constitution
petitioner has prayed for disposal of his application for issuance 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. 54 of 2025, under Section 223 IPC.
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.
5. With the aforesaid observations and directions, this petition stands
WRIC No. 37533 of 2026
2
disposed of.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 18, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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