Yogesh Chauhan Vs Union of India and 3 Others — Allahabad HC (2026) — LawSathi Research

Yogesh Chauhan Vs Union of India and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the concerned trial court for a no objection certificate or the superior Court which stayed the criminal proceedings or granted interim protection; the concerned court to act in terms of the law laid down in Pawan Kumar Rajbhar and Rahimuddin (supra); passport authorities to pass appropriate orders within a further period of two months thereafter.

Issue for consideration

Whether mere pendency of Case Crime No. 0161 of 2021 against the petitioner can be a ground to deny issuance of passport, provided appropriate permission is taken by the petitioner from the Court where the case is pending.

Court's answer

The petitioner is permitted to approach the concerned court where Case Crime No. 0161 of 2021 is pending for grant of no objection certificate, or to approach the superior Court which has stayed the proceedings before the trial court or has passed an order granting interim protection, so that the passport authorities take a fresh decision on the issuance of the petitioner's passport.

Ratio / Principle

The concerned court 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 pass appropriate orders on the passport application within a further period of two months thereafter.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Division Bench: Atul Sreedharan and Siddharth Nandan, JJ.), WRIT - C No. 10396 of 2026, decided March 19, 2026 — The petitioner's passport application had been kept pending on account of his implication in Case Crime No. 0161 of 2021 under Sections 147, 323, 506, 452, 34 IPC, P.S. Kasimabad, District Ghazipur. Relying on the Division Bench decisions in Pawan Kumar Rajbhar (Writ - C No. 41540 of 2023) and Rahimuddin (Neutral Citation No. 2025:AHC:181505-DB), the Court held that mere pendency of the criminal case was not, with appropriate permission, a ground to deny the passport, and permitted the petitioner to approach the concerned trial court for a no objection certificate, or the superior Court which had stayed the criminal proceedings or granted interim protection. The concerned court is to act in terms of the law laid down in those two decisions, whereupon the passport authorities are to pass appropriate orders within a further period of two months. Writ petition disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 10396 of 2026

Yogesh Chauhan

.....Petitioner(s)

Versus

Union Of India And 3 Others

Counsel for Petitioner(s)	: Danish, Vipin Kumar .....Respondent(s)
Counsel for Respondent(s)	: A.S.G.I., C.S.C., Yashwant Singh

Court No. - 2

HON'BLE ATUL SREEDHARAN, J. HON'BLE SIDDHARTH NANDAN, J.

Heard Sri Vipin Kumar, learned counsel for the petitioner and Shri Yashwant Singh, learned counsel for the respondent nos. 1 to 3.

Petitioner's application for issuance of passport apparently has been kept pending on account of his implication in 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. 0161 of 2021, under Sections 147, 323, 506, 452, 34 of I.P.C., P.S. Kasimabad, DistrictGhazipur 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 learned co-ordinate 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 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 issuance of the petitioner's

WRIC No. 10396 of 2026

2

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.

(Siddharth Nandan,J.) (Atul Sreedharan,J.)

March 19, 2026

Sumit K.

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