Allahabad High Court
SHAHID KHANversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petition is disposed; the petitioner must follow the guidelines of the cited judgments before the Regional Passport Officer can decide the passport application.
Summary
Shahid Khan filed a writ petition under Article 226 seeking the disposal of his pending passport application. The respondents informed the Court that a show‑cause notice had been issued to the petitioner because of a criminal case (IPC §§ 506, 504, 323, 452) pending against him. 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:AHC:181505‑DB) and Wajiruddin Khan v. Union of India & 2 Others (2026:AHC:138176‑DB). After the petitioner follows those guidelines, the Regional Passport Officer should decide the passport application in accordance with the timelines prescribed in those cases. The Court therefore directed the petitioner to take the required steps and disposed of the writ petition.
Issues considered
- Whether a passport application can be processed when the applicant has a pending criminal case and a show‑cause notice.
- Whether the petitioner must comply with the procedural guidelines issued in earlier Supreme/High Court judgments before the passport authority can act.
Legislation cited
- Indian Penal Code — s. 323, 452, 504, 506
Subjects
- Passport issuance
- Criminal pending case
- Show cause notice
- Article 226
- High Court writ petition
- Procedural guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38555 of 2026
Shahid Khan
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Intekhab Alam Khan
Counsel for Respondent(s) : A.S.G.I., C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner as well as 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. 265 of 2022, under Sections 506, 504, 323, 452 IPC,
Police Station Nonhara, District Ghazipur.
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. 38555 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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