Allahabad High Court
ASHISH KUMAR SHARMAversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petitioner must obtain a No‑Objection Certificate from the court where the criminal cases are pending or from the superior court that has stayed the proceedings before the passport can be issued.
Summary
Petitioner Ashish Kumar Sharma applied for a passport but his application was held up because he is implicated in two criminal cases under Sections 147, 504 and 506 of the Indian Penal Code. He relied on the Allahabad High Court’s earlier decision in Pawan Kumar Rajbhar (2023) that mere pendency of a criminal case is not a ground to deny a passport if the petitioner obtains permission from the court. The Court also referred to Rahimuddin (2025), which held that when a criminal case is stayed, permission for a passport must be sought from the superior court that stayed the proceedings. The Court directed the petitioner to approach the court where the cases are pending, or the superior court that has stayed the proceedings, to obtain a No‑Objection Certificate, after which the passport authorities must decide within two months. Accordingly, the writ petition was disposed.
Issues considered
- Whether the pendency of criminal cases under IPC Sections 147, 504 and 506 can be a ground to deny issuance of a passport.
- Whether the petitioner must obtain a No‑Objection Certificate or permission from the court where the criminal case is pending or from a superior court that has stayed the proceedings.
Legislation cited
- Indian Penal Code — s. 147, 504, 506
Subjects
- passport issuance
- criminal pending case
- No Objection Certificate
- Indian Penal Code
- high court writ petition
- stay of criminal proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 9262 of 2026
Ashish Kumar Sharma
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Moni Kishor, Mudit Agnihotri,
Raghvendra Pratap Singh
Counsel for Respondent(s) : A.S.G.I., C.S.C., Ravi Prakash Singh
Court No. - 2
HON'BLE ATUL SREEDHARAN, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Sri Mudit Agnihotri, learned counsel for the petitioner and Shri
Ravi Prakash Singh, learned counsel for the respondent nos. 1 and 6.
2. Petitioner's application for issuance of passport apparently has been
kept pending on account of his implication in criminal case. Reliance is
placed upon the Division Bench judgment of this Court in Writ - C No.
41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India & 2 Ors.), in
order to contend that mere pendency of Case Crime No. 422 of 2018,
under Sections 147, 504, 506 of I.P.C., P.S. Colonelganj, District-
Prayagraj and Case Crime No. 240 of 2018 under Sections 147, 504, 506
I.P.C. P.S.- Puramufti, District- Kaushambi cannot be a ground to deny
issuance of passport to the petitioner, provided appropriate permission is
taken by the petitioner from the Court, where the cases are pending.
3. A learned co-ordinate Bench in Rahimuddin Vs. Union Of India And
Another, Neutral Citation No. - 2025:AHC:181505-DB has
unequivocally held that where a criminal case has been stayed by a
superior Court, the permission for issuance of passport, shall be sought
from the superior Court, which stayed the criminal proceedings.
4. In the facts of the case, we permit the petitioner to approach the
concerned court where the aforesaid cases are pending for grant of no
objection certificate or approach such superior Court, which has stayed
the proceeding before the trial court or has passed the order granting any
WRIC No. 9262 of 2026
2
interim protection to the petitioner, so that the passport authorities take a
fresh decision in the matter relating to issuance of the petitioner's
passport. Petitioner, therefore, is at liberty to approach the concerned
court which shall act in terms of the law laid down in Pawan Kumar
Rajbhar and Rahimuddin (supra) and based upon its decision, the
passport authorities would do the needful by passing appropriate orders
within a further period of two months, thereafter.
5. Accordingly, the present writ petition is disposed of.
(Siddharth Nandan,J.) (Atul Sreedharan,J.)
March 19, 2026
Sumit K.
Digitally signed by :-
SUMIT KUMAR
High Court of Judicature at Allahabad
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