Neutral Citation No. - 2025:AHC-LKO:49036-DB Court No. - 2 Case :- WRIT - C No. - 7819 of 2025 Petitioner :- Mohd. Umar Respondent :- U.O.I. Thru. Secy. Its Ministry Of External Affairs New Delhi And Another Counsel for Petitioner :- Saleem Ahmad Khan,Arshad Jameel Counsel for Respondent :- A.S.G.I. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and Shri S.B. Pandey, learned Additional Solicitor General of India assisted by Shri Varun Pandey, appearing for the Respondents. 2. This petition has been filed with the following main prayer:- "Issue a writ order or direction in the nature of Mandamus commanding directing the opposite party no.2 to issue the passport of the petitioner according to the notification of Ministry of External Affairs, New Delhi dated 25.08.1993 as contained in annexure no.5 to this writ petition.." 3. It has been submitted by learned counsel for the petitioner that a Non-Cognizable Report under Sections 115/352 BNSS was registered in Case Crime No.568 of 2025 under Sections 126/135 of BNSS but the respondents have not issued/renewed his passport which is against the statutory provision. 4. Shri S.B. Pandey, learned A.S.G.I has produced before this Court a copy of show cause notice dated 04.06.2025 issued to the petitioner wherein mention of the same NCR under Sections 115/352 BNSS and also another NCR under Section 126/135 BNSS have been mentioned which came to the knowledge of the Regional Passport Officer on police verification report being submitted from the concerned Police Station. The petitioner was called upon to provide a suitable explanation within 30 days and also to furnish proper explanation with regard to circumstances under which the petitioner had suppressed the material information to the Passport Office. 5. Learned counsel for the petitioner says that he has replied to the said show cause notice on 19.06.2025 but till date, no action has been taken and notice has been issued to the petitioner by the Regional Passport Officer. 6. In case only NCR has been registered against the petitioner without there being any order of any Magistrate to register the FIR and investigate, the issuance of passport to the petitioner cannot be withheld as has been held by co-ordinate Division Bench of this Court in the case of Akash Kumar vs. Union of India and two others in Writ (C) Petition No.29346 of 2023 decided on 16.10.2023 placing reliance upon the judgment rendered in Basoo Yadav vs Union of India and four others in Writ Petition (C) No.29605 of 2022 decided on 16.12.2022. 7. The writ petition is disposed of with a direction to the Regional Passport Officer that in case there is no other adverse material mentioned in the said police verification report, the application of the petitioner shall be considered for issuance of passport and an appropriate order be passed within a period of four weeks from the date of production of certified copy of this order. Order Date :- 21.8.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench