Neutral Citation No. - 2025:AHC:29551-DB Court No. - 29 Case :- WRIT - C No. - 6176 of 2025 Petitioner :- Rais Ahmad Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Zafeer Ahmad Counsel for Respondent :- A.S.G.I. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Sri Varun Kumar Srivastava, learned counsel for the respondents. Petitioner's plea for re-issuance of passport is kept pending on account of his involvement in three cases. In two cases being Case Crime Nos.271 of 2022 and 574 of 2019, a fine of Rs.100/- each has been imposed for offences under the Gambling Act. However, in respect of third case the proceedings are pending before this Court after the issue has been referred to mediation centre. Protection has also been granted to petitioner in case Crime No. 606 of 2024. Learned counsel for the petitioner states that the only ground on which re-issuance of passport can be withheld is the conviction of applicant for an offence of which sentence is above two years during the last 5 years. This is not the exigency here. It is submitted that imposition of fine of Rs.100/- under the Gambling Act does not come within Section 6(2)(e) of the Act. For the third case, he may be relegated to approach the concerned court in terms of law laid down in Writ - C No. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India & 2 Ors.). It is also pointed out that petitioner has otherwise been protected by this Court. Reliance is placed upon Section 6(2)(e) of the Passport Act, 1967. In the facts of the case, we permit the petitioner to approach the concerned court where the third case, being Case Crime No.606 of 2024, under Section 467, 468, 471, 420 IPC, for grant of no objection certificate by the court concerned so that the passport authorities take a fresh decision in the matter relating to issuance of the petitioner's fresh 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 (supra) and based upon its decision as well as keeping in view the provisions contained under Section 6(2)(e) of the Passport Act, 1967, passport authorities would do the needful by passing appropriate orders within a further period of two months, thereafter. Accordingly, the present writ petition is disposed of. Order Date :- 3.3.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad