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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38950 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner as well as Mr. Ajay Singh, learned counsel for respondent Nos. 1 to 3 and learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for disposal of his application for issuance of fresh 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.- 97 of 2020, under Section 60 Excise Act, Police Station - Ubhaon, District - Ballia. 4. It is contended by learned counsel for the petitioner that petitioner has been imposed fine of Rs.2,000/- in the aforesaid criminal case vide order dated 1st May, 2023 and petitioner has already deposited the fine and thus the criminal case has stood concluded. 5. In the circumstances, therefore, the petitioner cannot be denied issuance of the passport on the ground that he has been convicted in the criminal case. 6. In view of the above, we dispose of this petition with a direction to the Versus Counsel for Petitioner(s) : Kamalesh Kumar Nishad, Ravindra Kumar Srivastava Counsel for Respondent(s) : A.S.G.I., Ajay Singh, C.S.C. Suraj Prasad .....Petitioner(s) Union Of India And 6 Others .....Respondent(s)
petitioner to submit a certified copy of the order charging him with the fine in the criminal case including the proceedings and also the receipt evidencing the factum of deposit the fine and if he does so along with application within a period of four weeks from today, his application for issuance of passport shall be considered in the light of 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 concerned shall dispose of the application of the petitioner in accordance with guidelines laid down and timeline provided in the aforesaid judgments.
October 5, 2026 Atmesh WRIC No. 38950 of 2026 2 (Garima Prashad,J.) (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad