Allahabad High Court
VIKASHversusUNION OF INDIA AND 6 OTHERS
- Decided
Holding
The petition is disposed of with a direction that the petitioner must first comply with the guidelines of the cited judgments before the Regional Passport Officer decides the passport application.
Summary
The petitioner filed a writ petition under Article 226 seeking the disposal of his pending application for a fresh passport. The respondents argued that a show‑cause notice had been issued to the petitioner because of a pending criminal case (IPC sections 323, 504, 506, 452, 147) registered as case crime no. 133 of 2024. 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 & Others (2026). Accordingly, the Regional Passport Officer was directed to decide the passport application in accordance with those guidelines. The petition was consequently disposed of.
Issues considered
- Whether a passport can be issued to an applicant who has a pending criminal case under the IPC.
- Whether the petitioner must follow the guidelines laid down in Rahimuddin v. Union of India and Wajiruddin Khan v. Union of India before the passport authority can decide the application.
Legislation cited
- Indian Penal Code — s. 147, 323, 452, 504, 506
Subjects
- passport issuance
- pending criminal case
- show cause notice
- Article 226
- High Court
- Indian Penal Code
- procedural guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38472 of 2026
Vikash
.....Petitioner(s)
Versus
Union Of India And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alauddin, Fakhruddin
Counsel for Respondent(s) : A.S.G.I., C.S.C., Ugrasen Kumar Pandey
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard Sri Alauddin, learned counsel for the petitioner as well as Sri U.K.Pandey,
learned counsel for respondent nos. 1,3 and 4.
2. By means of this petition filed under Article 226 of the Constitution petitioner has
prayed for disposal of his pending application for fresh passport 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. 133 of 2024, under Section 323, 504,506, 452, 147 IPC, P.S.
Bakhira, District Sant Kabir Nagar.
4. In our considered view, petitioner should, in the first instance, follow the
guidelines and 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 in the aforesaid judgments.
5. With the aforesaid observations and directions, this petition stands disposed of.
September 30, 2026
Sanjeev
(Garima Prashad,J.) (Ajit Kumar,J.)
Digitally signed by :-
SANJEEV RANJAN
High Court of Judicature at Allahabad
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