Allahabad High Court
SHIV SARAN SINGHversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petitioner must be allowed to submit an explanation and supporting documents, after which the Regional Passport Officer shall decide on the passport application within two weeks.
Summary
The petitioner, Shiv Saran Singh, was issued a show‑cause notice by the Regional Passport Officer, Lucknow, for allegedly suppressing information about a pending criminal case (Crime No. 24 of 2013) in his passport application. The petitioner contended that the case was false, that the investigating officer had filed a final report clearing him, and that this was not considered before the notice. The Court held that the petitioner must be given an opportunity to submit a written explanation, along with the final police report and any magistrate order, within ten days. Upon receipt of the explanation, the Regional Passport Officer is directed to decide on the passport application within two weeks. The writ petition was consequently disposed of following these directions.
Issues considered
- Whether the petitioner’s alleged suppression of material information in a passport application justifies the issuance of a show‑cause notice.
- Whether the petitioner is entitled to a chance to explain and submit supporting documents before any adverse order is made.
- Whether the Regional Passport Officer must consider the final police report and magistrate’s order, if any, before deciding on the passport issuance.
Subjects
- passport issuance
- suppression of material information
- show cause notice
- criminal case
- procedural fairness
- right to travel
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39295 of 2026
Shiv Saran Singh
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aditya Pratap Singh, Piyush Kumar
Pandey
Counsel for Respondent(s) : A.S.G.I., C.S.C.
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
Heard learned Counsel for the petitioner and Mr. Saurabh Singh,
Advocate holding brief of Ms. Deepmala Srivastava, learned Central
Government Counsel appearing on behalf of the Union of India.
The petitioner has suppressed information in the application for issue of
the passport the pendency of Crime No. 24 of 2013 under Sections 323,
504, 354 IPC, P.S. Gajner, District Kanpur Dehat. The Regional Passport
Officer, Lucknow has issued a show cause notice to the petitioner,
requiring him to submit his explanation regarding the circumstances
under which he has suppressed the material information in his passport
application relating to the case aforesaid. The petitioner's case pleaded in
paragraph no. 19 of the writ petition is that Case Crime No. 24 of 2013
was a case, where the petitioner has been falsely implicated and the
Investigating Officer has submitted a final report and this part of the
information, the Regional Passport Officer, Lucknow has not at all
considered before issuing the show cause notice dated 18.10.2022 to the
petitioner. Be that as it may.
It is open to the petitioner to file his explanation to the show cause notice
dated 18.10.2022, clearly mentioning the fact that he asserts before this
Court regarding the final report filed by the Police after investigation
together with a certified copy of the report and the order of the learned
Magistrate, if any, accepting the final report.
WRIC No. 39295 of 2026
2
Upon the aforesaid explanation being submitted by the petitioner, which
he will do within ten days of date, the Regional Passport Officer,
Lucknow is ordered to pass appropriate orders on the petitioner's
application for the issue of a passport within two weeks of the petitioner
submitting his explanation.
The writ petition is disposed of in terms of the aforesaid order.
Let this order be communicated to the Regional Passport Officer,
Lucknow through the learned Chief Judicial Magistrate, Lucknow by the
Registrar (Compliance) within 24 hours.
(Indrajeet Shukla,J.) (J.J. Munir,J.)
September 29, 2026
Deepak
Digitally signed by :-
DEEPAK KUMAR PANDEY
High Court of Judicature at Allahabad
Checking your session…