Ayush Pal vs Union of India and 3 Others — Allahabad HC (2025) — LawSathi Research

Ayush Pal vs Union of India and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner given liberty to obtain a no objection certificate/appropriate permission from the court where his criminal case is pending, or from the superior court which stayed the proceedings or granted interim protection; passport authorities thereafter to take a fresh decision and pass appropriate orders on issuance within a further period of two months.

Issue for consideration

Whether mere pendency of the criminal case against the petitioner (Case Crime No. 211 of 2025) can, by itself, be a ground to deny issuance of his passport, provided he obtains appropriate permission from the court where the case is pending. +1 more

Court's answer

The court permitted the petitioner to approach the court where Case Crime No. 211 of 2025 is pending for grant of a no objection certificate, or alternatively the superior court which stayed the proceedings or granted interim protection, so that the passport authorities could take a fresh decision on the passport application; the concerned court was directed to act in terms of the law laid down in Pawan Kumar Rajbhar (supra) and Rahimuddin (supra).

Ratio / Principle

Where the proceedings before the trial court have been stayed, or interim protection granted, by a superior court, the petitioner may approach that superior court, consistent with the law laid down in Rahimuddin (supra), so that the passport authorities take a fresh decision in the matter of issuance of the petitioner's passport.

Key takeaways

Based upon the decision of the approached court, the passport authorities were to do the needful by passing appropriate orders regarding issuance of the petitioner's passport within a further period of two months, thereafter.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Writ - C No. - 43547 of 2025 (Ayush Pal v. Union of India and 3 others), bench of Atul Sreedharan and Anish Kumar Gupta, Judge(s), disposed of on December 10, 2025. The petitioner's passport application had been kept pending on account of his implication in Case Crime No. 211 of 2025 under Sections 115(2), 352, 351(2) BNS, Police Station- Mariyahu, District Jaunpur. Acting on the Division Bench precedents of this Court 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 approach the court where the criminal case is pending for grant of no objection certificate, or such superior Court as had stayed the trial-court proceedings or passed an order granting interim protection, the concerned court being directed to act in terms of the law laid down in those judgments; based upon its decision, the passport authorities were to do the needful by passing appropriate orders within a further period of two months, thereafter.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 43547 of 2025

Ayush Pal

.....Petitioner(s)

	Versus
Union Of India And 3 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Ayush Kumar, Sunil Kumar Singh
Counsel for Respondent(s)	: A.S.G.I., C.S.C.

Court No. - 35

(SL No.98)

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

Heard learned counsel for the petitioner and Sri Shrinath Dwivedi, 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.211 of 2025 under Sections 115(2), 352, 351(2) BNS, Police Station- Mariyahu, DistrictJaunpur, 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

WRIC No. 43547 of 2025

2

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 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 (supra) 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

Shubham Arya

Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad