Mohammad Shaubad Sheikh vs Union of India and 3 Others — Allahabad HC (2025) — LawSathi Research

Mohammad Shaubad Sheikh vs Union of India and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to obtain a no-objection certificate from the trial court or permission from the superior Court that stayed the proceedings/granted interim protection, following which the passport authorities shall pass appropriate renewal orders within two months.

Issue for consideration

Whether mere pendency of Case Crime No.157 of 2022 under Sections 323, 504, 506 IPC against the petitioner can be a ground to deny renewal of his passport, provided appropriate permission/no-objection is obtained from the court where the case is pending or from a superior Court that has stayed the proceedings or granted interim protection.

Court's answer

The Court permits the petitioner to approach the concerned court where Case Crime No.157 of 2022 is pending for grant of a no objection certificate.

Ratio / Principle

Alternatively, the petitioner may approach such superior Court which has stayed the proceedings before the trial court or passed any order granting interim protection to him; the concerned court is to act in terms of the law laid down in Pawan Kumar Rajbhar and Rahimuddin (supra).

Key takeaways

Based on the decision of the court approached, the passport authorities are to take a fresh decision and pass appropriate orders on the petitioner's passport renewal within a further period of two months thereafter.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Division Bench: Atul Sreedharan and Anish Kumar Gupta, JJ.; order dated December 2, 2025) disposed of a writ petition concerning the petitioner's passport renewal application kept pending due to his implication in Case Crime No.157 of 2022 under Sections 323, 504, 506 IPC, Police Station Kotwali, District Maharajganj. Relying on the law laid down in Pawan Kumar Rajbhar (Writ-C No. 41540 of 2023) and Rahimuddin (2025:AHC:181505-DB), the Court permitted the petitioner to approach the trial court for a no-objection certificate, or alternatively the superior Court that has stayed the trial proceedings or granted interim protection; upon such decision, the passport authorities were directed to pass appropriate renewal orders within a further period of two months.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 42395 of 2025

Mohammad Shaubad Sheikh

.....Petitioner(s)

	Versus
Union Of India And 3 Others		..	...Respondent(s)
Counsel for Petitioner(s)	: Amit Kumar Rahul Yadav	Pandey,	Jaya Tripathi,
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 Amit Kumar Pandey, learned counsel for the petitioner and Sri Rajesh Tripathi, 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.157 of 2022 under Sections 323, 504, 506 IPC, Police Station Kotwali, District Maharajganj, 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 laid down in Pawan Kumar Rajbhar and Rahimuddin (supra) and based

WRIC No. 42395 of 2025

2

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