Rahat Ali vs Union of India and 4 Others — Dowry and Cruelty | Allahabad HC (2025)

Rahat Ali vs Union of India and 4 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the concerned court for a no-objection certificate, or the superior Court which stayed the proceedings or granted interim protection; passport authorities to pass appropriate orders on renewal within a further period of two months thereafter.

Issue for consideration

Whether the mere pendency of Case Crime No. 124 of 2022 and Case Crime No. 286 of 2024 against the petitioner can be a ground to deny renewal of his passport, provided appropriate permission is taken from the Court where the case is pending. +1 more

Court's answer

The pending criminal cases against the petitioner were not treated as an absolute bar to renewal; the petitioner was afforded a route to obtain the required permission/no-objection and the passport authorities were to reconsider renewal afresh on that basis.

Ratio / Principle

The Court permitted the petitioner to approach the concerned court where the pending criminal case is being heard for grant of a no-objection certificate, or alternatively such superior Court which has stayed the proceedings before the trial court or has passed an order granting interim protection, so that the passport authorities may take a fresh decision on renewal.

Key takeaways

The passport authorities would act in terms of the law laid down in Pawan Kumar Rajbhar and Rahimuddin (supra) and, based upon the decision of the court approached, pass appropriate orders on the renewal application within a further period of two months.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Atul Sreedharan and Anish Kumar Gupta, JJ.), by order dated December 2, 2025, disposed of Writ - C No. 42349 of 2025 (Rahat Ali v. Union of India and 4 others). The petitioner's passport-renewal application had been kept pending on account of his implication in Case Crime No. 124 of 2022 (Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act) and Case Crime No. 286 of 2024 (Sections 82(1), 115(2), 351(2), 85 BNS), both of Police Station Vishunpura, District Kushinagar. Acting on the law laid down in Pawan Kumar Rajbhar (Writ - C No. 41540 of 2023) and Rahimuddin (2025:AHC:181505-DB), the Division Bench permitted the petitioner to approach the court where the cases are pending for a no-objection certificate, or the superior Court which stayed the proceedings or granted interim protection, and directed the passport authorities to pass appropriate orders on renewal within a further period of two months thereafter.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 42349 of 2025

Rahat Ali

.....Petitioner(s)

Versus

Union Of India And 4 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Mohd Hamid
Counsel for Respondent(s)	: A.S.G.I., C.S.C.

Court No. - 35

HON'BLE ATUL SREEDHARAN, J. HON'BLE ANISH KUMAR GUPTA, J.

Heard Sri Mohd. Hamid, learned counsel for the petitioner and Sri Gyan Prakash Singh, learned counsel for the Union of India.

Petitioner's application for renewal of passport apparently has been kept pending on account of his implication in a 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.124 of 2022 under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Vishunpura, District Kushinagar and Case Crime No.286 of 2024 under Sections 82(1), 115(2), 351(2), 85 BNS, Police Station Vishunpura, District Kushinagar cannot be a ground to deny renewal of passport to the petitioner provided appropriate permission is taken by the petitioner from the Court, where the case is pending.

A coordinate 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 renewal of the passport shall be sought from the superior Court, which stayed the criminal proceedings.

In the facts of the case, we permit the petitioner to approach the concerned court where the aforesaid case is 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 interim protection to the petitioner, so that the passport authorities take a fresh decision in the matter relating to renewal of the petitioner's passport. Petitioner, therefore, is at liberty to approach the concerned court which shall act in terms of the law

WRIC No. 42349 of 2025

2

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.

Accordingly, the present writ petition is disposed of.

December 2, 2025 rkg

(Anish Kumar Gupta,J.) (Atul Sreedharan,J.)

Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad