Dismissed¶18

Mo. Iliyas v. U.O.I. Thru. Secy. Ministry External Affairs New Delhi and 2 Others

Passport – Issuance of passport during pendency of criminal case

Allahabad HC2 Feb 2026WRIC/12455/2025

Download

Case brief

AI extract

What is this about?

Allahabad High Court (Lucknow Bench), WRIT-C No. 12455 of 2025, Mo. Iliyas v. U.O.I. & 2 Others, decided 02.02.2026. Keywords: passport issuance; pendency of criminal case; NOC/approval from trial court; Government of India Notifications; Passport Act, 1967; Ministry of External Affairs notification dated 25.08.1993; writ of mandamus; Regional Passport Officer Gomti Nagar Lucknow; Mohd. Talha v. UOI (Writ-C No. 1775 of 2025, decided 01.05.2025); Rita Verma v. UOI (SLP (C) No. 7481/2024, dated 20.09.2024); petition dismissed with liberty.

What did the court decide?

No substantive relief; petition dismissed with the liberty 'aforesaid', i.e. liberty to obtain NOC/approval from the trial court where the criminal case is pending. ¶18

Mo. Iliyas vs U.O.I. Thru. Secy. Ministry External Affairs New Delhi and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; petition dismissed with the liberty 'aforesaid', i.e. liberty to obtain NOC/approval from the trial court where the criminal case is pending.

¶18

Issue for consideration

Whether a writ of mandamus can be issued directing issuance of a passport to the petitioner where a criminal case is pending against him, without obtaining NOC/approval from the trial court where the case is pending, in terms of the Government of India Notifications referable to the Passport Act, 1967.

¶14

Court's answer

In the event of pendency of a criminal case, NOC/approval is required to be taken from the trial court where the case is pending, in terms of the Notifications of the Government of India referable to the Passport Act, 1967.

¶14

Ratio / Principle

The writ petition seeking mandamus for issuance of passport was dismissed with the liberty indicated by the Court, i.e. liberty to obtain the requisite NOC/approval from the trial court in terms of the Notifications, in accordance with the judgment in Mohd. Talha (which took into consideration the Supreme Court dictum in Rita Verma).

¶18

Detailed headnote1 paragraphs

Passport — Issuance of passport during pendency of criminal case — Writ of mandamus sought commanding Regional Passport Officer, Regional Passport Office, Gomti Nagar, Lucknow to issue passport in terms of notification dated 25.08.1993 issued by the Ministry of External Affairs, New Delhi — Held, in the event of pendency of a criminal case, NOC/approval is required to be taken from the trial court where the case is pending, in terms of the Notifications of the Government of India referable to the Passport Act, 1967 — Petition filed without reading the judgment of this Court in Mohd. Talha v. UOI (Writ-C No. 1775 of 2025, decided 01.05.2025), which took into consideration the dictum of the Hon'ble Supreme Court in Rita Verma v. UOI, SLP (C) No. 7481/2024 dated 20.09.2024 — Petition dismissed with liberty to obtain NOC/approval from the trial court (Rajan Roy and Abdhesh Kumar Chaudhary, JJ.).

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

WRIT - C No. - 12455 of 2025

Mo. Iliyas

.....Petitioner(s)

Versus

U.O.I. Thru. Secy. Ministry External Affairs New Delhi And 2 Others

¶7

.....Respondent(s)

¶8

Counsel for Petitioner(s)	: Shankar	Lal Pandey
Counsel for Respondent(s)	: A.S.G.I.,	C.S.C.

¶9

Court No. - 1

¶10

HON'BLE RAJAN ROY, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J.

¶11

1. Heard learned counsel for the petitioner and Sri S.B. Pandey, learned DSGI and Senior Advocate assisted by Sri Varun Pandey, learned counsel for the opposite party nos. 1 and 2 and learned Standing Counsel for the State.

¶12

2. This petition has been filed seeking following main relief:-

¶13

"I. Issue writ, order or direction in the nature Mandamus commanding the Opposite Parties particularly Opposite Party No. 2 i.e. Regional Passport Officer, Regional Passport Office, Gomti Nagar, Lucknow, for issuance of passport to him as per the notification dated 25.08.1993 issued by the Ministry of External Affairs, New Delhi (Annexure No. 1), in the interest of justice."

¶14

3. In spite of several judgments on the issue that in the event of pendency of a criminal case NOC/approval is required to be taken from the trial court where the same is pending in terms of the Notifications of the Government of India, which are referable to the Passport Act, 1967, this petition has been filed without reading the judgment passed by this Court

¶15

WRIC No. 12455 of 2025

¶16

¶17

in the case of Mohd. Talha Vs. UOI (Writ-C No. 1775 of 2025 decided on 01.05.2025) wherein the dictum of the Hon'ble Supreme Court in the case of Rita Verma Vs. UOI ; SLP (C) No. 7481/2024 dated 20.09.2024 has also been taken into consideration.

¶18

4. Accordingly, the petition is dismissed with liberty aforesaid.

¶19

(Abdhesh Kumar Chaudhary,J.) (Rajan Roy,J.)

¶20

February 2 , 2026

¶21

Anuj Singh

¶22

Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mo. Iliyas v. U.O.I. Thru. Secy. Ministry External Affairs New Delhi and 2 Others

Case brief

What is this about?

What did the court decide?

Mo. Iliyas v. U.O.I. Thru. Secy. Ministry External Affairs New Delhi and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

State of U.P. Thru. Prin. Secy. Deptt. of Housing and Urban Planning Lko and 3 Others vs Satish Kumar Singh and 40 Others

Abdul Khaleel and 5 Others vs State of U.P. Thru. Prin. Secy. Urban Development Deptt. Lko. and 3 Others

Sunita Mishra vs State of U.P. Thru. Prin. Secy. Energy Deptt. Lko and 5 Others

Malakhe vs State of U.P. Thru. Commissioner and Secy. Board of Revenue Lko. and 2 Others

Priyavarat Chaturvedi vs State of U.P. Thru. Chief Secy. Lko. and 2 Others

Ajay Kumar vs State of U.P. Thru. Prin. Secy. Revenue Lko. and 4 Others