Neutral Citation No. - 2025:AHC:63927-DB Court No. - 29 Case :- WRIT - C No. - 8681 of 2025 Petitioner :- Mukesh Yadav Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Shailesh Kumar Counsel for Respondent :- A.S.G.I.,C.S.C.,Sanjay Dwivedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Heard learned counsel for the petitioner and Sri Sanjay Dwivedi, learned counsel for the respondents. Petitioner's application for issuance of passport has not been accorded consideration only because of pendency of NCR No.66 of 2016, under Section 323, 504, 506 IPC, Police Station Didarganj, District Azamgarh. Learned counsel for the petitioner submits that the maximum punishment as per the NCR was 3 years and since no investigation under Section 155(2) Cr.P.C. has been undertaken, as such, the proceedings cannot be treated to be pending against the petitioner. Taking note of such contention, following orders were passed in the matter on 8.4.2025:- "1. Contention is that only NCR has been registered and in the absence of any permission by the Magirstrate the investigation has not proceeded. It is submitted that by virtue of Section 468 IPC there is a bar of limitation and, therefore, such proceedings cannot be relied upon to deny issuance of passport. 2.Learned Standing Counsel may obtain instructions in the matter from respondent nos.4 and 5. Shri Sanjay Dwivedi, Advocate, has appeared for respondent Union of India. 3. Post as fresh on 25.04.2025." Learned AGA has obtained instructions, according to which no investigation has taken place. Considering the fact that NCR is of the year 2016 and the maximum punishment of 3 years has otherwise expired long back, the proceedings of NCR cannot be relied upon against the petitioner for denying consideration of his claim for issuance of passport. This writ petition, accordingly, stands disposed of with a direction upon the Regional Passport Officer concerned to ensure that petitioner's claim for issuance of passport is accorded consideration and the same shall not be withheld only on account of NCR. Such consideration would be made within a period of two months from the date of presentation of a certified copy of this order. Order Date :- 25.4.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad