Jishan Khan vs Union of India and 4 Others — Allahabad HC (2025) — LawSathi Research

Jishan Khan vs Union of India and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner given liberty to approach the concerned court (or the superior court that stayed the proceedings / granted interim protection) for a no objection certificate; the passport authorities thereafter to pass appropriate orders on the passport application within a further period of two months.

Issue for consideration

Whether mere pendency of a criminal case (Case Crime No. 49 of 2024, Sections 427, 504, 506, 323 IPC, Police Station Cantt, District Varanasi) against the petitioner can be a ground to deny issuance of his passport. +1 more

Court's answer

The concerned court shall act in terms of the law laid down in Pawan Kumar Rajbhar and Rahimuddin (supra); based upon its decision, the passport authorities will pass appropriate orders on the petitioner's passport application within a further period of two months thereafter.

Ratio / Principle

This Court permits the petitioner to approach the concerned court where Case Crime No. 49 of 2024 is pending for grant of a no objection certificate, or to approach such superior Court as has stayed the proceeding before the trial court or has granted interim protection, so that the passport authorities may take a fresh decision on issuance of the passport.

Key takeaways

The concerned court before which the criminal case is pending is directed to act in terms of the law laid down in Pawan Kumar Rajbhar and Rahimuddin (supra) while dealing with the petitioner's request for no objection certificate.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Division Bench: Atul Sreedharan and Anish Kumar Gupta, JJ.), WRIT - C No. 43388 of 2025, Jishan Khan v. Union of India and 4 Others, decided 10-12-2025: The petitioner's passport application had been kept pending solely on account of his implication in pending Case Crime No. 49 of 2024 under Sections 427, 504, 506, 323 IPC, Police Station Cantt, District Varanasi. Relying on the Division Bench rulings in Pawan Kumar Rajbhar (Writ - C No. 41540 of 2023) and Rahimuddin (Neutral Citation No.-2025:AHC:181505-DB), the Court permitted the petitioner to obtain a no objection certificate either from the court where the criminal case is pending or, where the proceedings stand stayed or interim protection granted, from the superior court that passed such order; the concerned court is to act in terms of the law laid down in those decisions, and the passport authorities are to pass appropriate orders within a further period of two months thereafter. Writ petition disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 43388 of 2025

Jishan Khan

.....Petitioner(s)

Versus

Union Of India And 4 Others

Counsel for Petitioner(s)	: Akhilesh ....	Kumar .Respondent(s)
Counsel for Respondent(s)	: A.S.G.I.,	C.S.C.

Court No. - 35

(Sl.No.77)

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

Heard learned counsel for the petitioner and Sri Ravi Prakash Singh, learned counsel for the Union of India.

Petitioner's application for issuance 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. 49 of 2024 under Sections 427, 504, 506, 323 IPC, Police Station Cantt, District Varanasi 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 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 issuance 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

WRIC No. 43388 of 2025

2

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.

Accordingly, the present writ petition is disposed of.

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

December 10, 2025

Ashish Pd.

Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad