Neutral Citation No. - 2025:AHC:31527-DB Court No. - 29 Case :- WRIT - C No. - 3103 of 2025 Petitioner :- Satyawan Rajbhar Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Akash Kumar Nishad Counsel for Respondent :- A.S.G.I.,Bimalesh Ch. Tripathi,C.S.C.,Vijay Chandra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Sri Vijay Chandra, learned counsel for the respondents. The petitioner's application for issuance of the passport since has not been considered, the petitioner is before this Court. According to the petitioner, there were two criminal cases in which he was implicated. So far as NCR No.14 of 2013 under Sections 323, 504, 506 IPC is concerned, the petitioner has been acquitted by the concerned court on 13.01.2023. With regard to other proceedings under Section 110 (g) Cr.P.C., only a bond was to be executed that the petitioner would maintain peace. This otherwise was a case of 2013 and term of three years has expired. It is, therefore, submitted that in terms of Section 6 (2) (e) of the Passport Act, 1967, none of the exigencies arise for withholding passport of the petitioner. On the previous occasion, we invited instructions from the respondents. Sri Vijay Chandra appearing for the respondents has produced a notification issued by the Central Government on 25.08.1993, according to which no objection certificate is required to be obtained from the concerned court and only thereafter passport can be issued. In facts of the case, we find no applicability of the notification dated 25.08.1993 inasmuch as in one of the cases, the petitioner has already been acquitted while in other only requirement was of submitting a bond for three years. Only circumstances in which passport could be withheld due to implication in criminal case is an exigency dealt with under Section 6 (2) (e) of the Passport Act, 1967 which reads as under: "That the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years" There is nothing on record to show that the petitioner has been convicted for an offence for a period of above 2 years during the last 5 years. He is otherwise not implicated even in such a case. In such circumstances, withholding of the passport to the petitioner cannot be justified. In that view of the matter, we dispose of this writ petition with the observations that in the event the petitioner furnishes certified copy of the orders in respect of the aforesaid two cases along with certified copy of this order before Regional Passport Officer, the concerned authority shall accord consideration to the petitioner's claim for issuance of passport and such relief will not be denied only on account of the petitioner's implication in criminal case referred to above. Such action would be taken within a period of six weeks. Order Date :- 5.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad