Neutral Citation No. - 2025:AHC-LKO:33635-DB Reserved on 01.04.2025 Delivered on 30.05.2025 Court No. - 2 Case :- WRIT - C No. - 2881 of 2025 Petitioner :- Mirza Mohammad Yasoob Abbas Respondent :- Union Of India Thru. Secy. Ministry External Affairs New Delhi And Another Counsel for Petitioner :- Gaurav Tripathi,Sridhar Awasthi Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard Shri Sridhar Awasthi, learned Counsel for the petitioner, Shri S.B. Pandey, learned Senior Advocate & D.S.G.I. assisted by Shri Varun Pandey, learned Counsel for the opposite parties. 2. By means of this petition, the petitioner seeks a direction in the nature of Mandamus commanding the opposite parties to renew/reissue the passport of the petitioner bearing Passport Application Reference No. 25-0002506358 and File No.LK3070764182825 of the passport bearing No.R7760559 valid from 19.02.2018 to 18.02.2028. 3. The grievance of the petitioner is that merely on account of pendency of F.I.Rs., the passport of the petitioner is not being renewed/re-issued. 4. Paragraph No.10 of the writ petition reads as under:- "... 10. That thereafter, petitioner vide letter dated 19.03.2025 he came to know that due to the pendency of FIR No.0128/2013, dated 01.08.2013 at PS Chowk U/S 427, 436, 148, 147, 153 and 160 IPC and FIR No.0146/2013, dated 01.08.2013 at PS Bajarkaha U/S 380 and 454 IPC his police verification is pending. Photocopy of the letter dated 19.03.2025, FIR No.0128/2013 dated 01.08.2013 at PS Chowk U/S 427, 436, 148, 147, 153 and 160 IPC and FIR No.0146/2013, dated 01.08.2013 at PS Bajarkaha U/S 380 and 454 IPC is annexed herewith as Annexure No.5(Colly). ..." 5. Counsel for the opposite parties relied upon a judgment a Division Bench judgment of this Court passed in Writ C No.41540 of 2023; Pawan Kumar Rajbhar vs. Union of India and Ors dated 19.01.2024 and other connected matters, however, we find that a Co-ordinate Bench of this Court relying upon the judgment of a Division Bench in Pawan Kumar Rajbhar (supra) decided another matter i.e. Writ C No. 6450 of 2024; Smt. Rita Verma vs. Union of India and Ors. dated 28.02.2024. The matter ultimately went up to Hon'ble Supreme Court by means of SLP(C) No.7481 of 2024; Rita Verma vs. Union of India and Ors. wherein the judgment of the Co- ordinate Bench in Writ C No. 6450 of 2024 relying upon the judgment in Pawan Kumar Rajbhar (supra) was disapproved and it was held to be contrary to the statutory provisions. In fact, we have perused Section 6(2)(f) of the Passport Act, 1967, we find that provisions contained therein provides that subject to other provisions of the Act, 1967, the passport authority shall refuse to issue a passport or travel document for visiting in foreign country under clause (c) of sub section (2) of Section 5 of the Act, 1967 on the ground that proceedings in respect of an offence alleged to have been committed by the applicant before a criminal Court. Mere pendency of investigation consequent to an FIR does not amount to proceedings in respect of an offence alleged to have been committed being pending before a criminal Court. 6. In view of the aforesaid judgment of the Hon'ble Supreme Court in the case of Rita Verma(supra), the Regional Passport Officer, Lucknow is under obligation to consider the application of the petitioner for renewal/re-issuance of the passport. 7. With the aforesaid observations/directions, the writ petition is disposed of, accordingly. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 30.5.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench