Allahabad High Court
MANTU YADAVversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petitioner must first comply with the procedural guidelines laid down in Rahimuddin vs Union of India and Wajiruddin Khan vs Union of India, after which the Regional Passport Officer shall dispose of the passport application.
Summary
Mantu Yadav filed a petition under Article 226 seeking disposal of his pending passport application. The respondents argued that a show‑cause notice had been issued because a criminal case (IPC Section 363) was pending against him. The Court observed that the petitioner must first comply with the procedural guidelines laid down in the earlier judgments of Rahimuddin vs Union of India and Wajiruddin Khan vs Union of India. After complying with those guidelines, the Regional Passport Officer is directed to decide the passport application within the timelines prescribed in those cases. Accordingly, the petition was disposed.
Issues considered
- Whether a pending criminal case under Section 363 IPC bars the issuance of a passport.
- Whether the petitioner must follow the procedural guidelines from earlier Supreme/High Court judgments before the passport can be granted.
Legislation cited
- Indian Penal Code — s. 363
Subjects
- passport
- pending criminal case
- Section 363 IPC
- Article 226
- procedural guidelines
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38550 of 2026
Mantu Yadav
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anand Kumar Chaurasia
Counsel for Respondent(s) : A.S.G.I., C.S.C., Suman Jaiswal
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard Ms. Suman Jaiswal, learned counsel for respondent nos. 1 to 3.
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. 0662 of 2021, under Section 363 IPC, Police Station
Kotwali, 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
shall dispose of the application of the petitioner in accordance with
guidelines laid down and timeline provided in the aforesaid judgments.
WRIC No. 38550 of 2026
2
5. With the aforesaid observations and directions, this petition stands
disposed of.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 24, 2026
Sachin Mishra
Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad
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