Neutral Citation No. - 2025:AHC-LKO:13544 Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 1194 of 2025 Petitioner :- Chand Babu Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 2 Others Counsel for Petitioner :- Mohit Sharma,Mukul Kumar Sharma Counsel for Respondent :- A.S.G.I.,G.A. Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed by learned counsel for the petitioner is taken on record. 2. Heard learned counsel for the petitioner, Sri S.B. Pandey, Deputy Solicitor General assisted by Sri Varun Pandey for respondent nos.1 & 2 and Sri Abhay Kumar, learned A.G.A. for the State. 3. The present petition is filed with the following prayer :- "Issue a writ of certiorari quashing the impugned order dated 23.1.2025 and direct the respondents to issue a regular passport to the petitioner for a period of 10 years, in line with Rule 12 of the Passports Rules, 1980." 4. Learned counsel for the petitioner submits that petitioner is working at a hotel in U.A.E. and he was falsely implicated in the Case Crime No.18/2013 under Section 147, 323, 504, 506, 325 I.P.C., Police Station Paraspur, District Gonda. He further submits that application for passport was given but by mistake the details of aforesaid criminal case could not be mentioned in the said application, therefore, passport was approved by the competent authority, thereafter, this fact was came into notice of the respondent no.2, then notice was issued to the petitioner on 5.12.2024 for placing the permission from the competent court or acquittal order. He further submits that proper application was moved before the court below for grant of permission for issuance of Passport to the petitioner but same was rejected by the court below without considering the office memo dated 10.10.2019 issued by the Ministry of External Affairs, Government of India, New Delhi with the observation that this Court is not having jurisdiction to issue no objection certificate, therefore, kind indulgence of this Court is necessary. 5. Sri S.B. Pandey, Deputy Solicitor General opposes the prayer of the petitioner but he does not dispute the fact that it is obligatory on the part of the learned court below to consider the case of the petitioner for grant of no objection certificate in pursuance of aforesaid office memo dated 10.10.2019. 6. Considering the submissions of learned counsel for the parties, going through the contents of the petition as well as impugned order passed by the court below as well as office memo dated 10.10.2019, this Court is of the view that learned court below fails to consider the office memo dated 10.10.2019, in such circumstances, the present petition is allowed and impugned order is hereby, set aside. 7. However, petitioner is at liberty to move fresh application before the court below enclosing aforesaid office memo dated 10.10.2019 within a period of one month from today. In case, such application is moved by the petitioner, same shall be considered and decided by a reasoned and speaking order, in accordance with the law. Order Date :- 5.3.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench