Disposed¶14

Ashish Kumar Sharma v. Union of India and 5 Others

Allahabad HC18 Mar 2026WRIC/9262/2026

Case brief

AI extract

What is this about?

Passport denial due to pendency of criminal cases; no objection certificate from trial court; permission from superior court where proceedings stayed; Case Crime No. 422 of 2018 P.S. Colonelganj Prayagraj; Case Crime No. 240 of 2018 P.S. Puramufti Kaushambi; Sections 147, 504, 506 IPC; Pawan Kumar Rajbhar Vs. Union of India; Rahimuddin 2025:AHC:181505-DB; fresh decision by passport authorities within two months; writ petition disposed.

What did the court decide?

Liberty granted to the petitioner to approach the concerned trial court (for no objection certificate) or the superior court which stayed the proceedings/granted interim protection, acting in terms of Pawan Kumar Rajbhar and Rahimuddin (supra); passport authorities to take a fresh decision and pass appropriate orders within two months thereafter. ¶14

Ashish Kumar Sharma Vs Union of India and 5 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether pendency of criminal cases (Case Crime No. 422 of 2018, P.S. Colonelganj, District Prayagraj and Case Crime No. 240 of 2018, P.S. Puramufti, District Kaushambi) against the petitioner is a ground to deny issuance of passport, and from which court the requisite permission/no objection must be obtained.

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Court's answer

The petitioner is permitted to approach the concerned court where the criminal cases are pending for grant of no objection certificate, or the superior court which has stayed the trial court proceedings or granted interim protection, so that the passport authorities may take a fresh decision on issuance of the passport.

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Ratio / Principle

Upon the concerned court acting in terms of the law laid down in Pawan Kumar Rajbhar and Rahimuddin (supra) and rendering its decision, the passport authorities shall pass appropriate orders on the passport application within a further period of two months thereafter.

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Detailed headnote1 paragraphs

Passport — application kept pending on account of petitioner's implication in criminal cases (Case Crime No. 422 of 2018, P.S. Colonelganj, District Prayagraj and Case Crime No. 240 of 2018, P.S. Puramufti, District Kaushambi, under Sections 147, 504, 506 IPC) — following Pawan Kumar Rajbhar (Writ - C No. 41540 of 2023) and Rahimuddin (2025:AHC:181505-DB), petitioner permitted to approach the concerned court where the cases are pending for no objection certificate, or the superior court which stayed the trial proceedings or granted interim protection — passport authorities to take fresh decision and pass appropriate orders within two months thereafter — writ petition disposed of.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - C No. - 9262 of 2026

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Ashish Kumar Sharma

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.....Petitioner(s)

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	Versus
Union Of India And 5 Others		.....Respondent(s)
Counsel for Petitioner(s)	: Moni Raghve	Kishor, Mudit Agnihotri, ndra Pratap Singh
Counsel for Respondent(s)	: A.S.G.I	., C.S.C., Ravi Prakash Singh
Court No.- 2

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

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Heard Sri Mudit Agnihotri, learned counsel for the petitioner and Shri Ravi Prakash Singh, learned counsel for the respondent nos. 1 and 6.

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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. 422 of 2018, under Sections 147, 504, 506 of I.P.C., P.S. Colonelganj, DistrictPrayagraj and Case Crime No. 240 of 2018 under Sections 147, 504, 506 I.P.C. P.S.- Puramufti, District- Kaushambi 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 cases are pending.

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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.

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In the facts of the case, we permit the petitioner to approach the concerned court where the aforesaid cases are 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

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WRIC No. 9262 of 2026

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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 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.

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Accordingly, the present writ petition is disposed of.

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

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March 19, 2026

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Sumit K.

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

Ashish Kumar Sharma v. Union of India and 5 Others

Case brief

What is this about?

What did the court decide?

Ashish Kumar Sharma v. Union of India and 5 Others

Case brief

What is this about?

What did the court decide?

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