Neutral Citation No. - 2025:AHC:10240 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 7857 of 2023 Petitioner :- Syed Aaqib Mujtaba Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Rajan Upadhyay,Rajesh Kumar,Shrawan Kumar Pandey,Sr. Advocate Counsel for Respondent :- A.S.G.I.,Alok Ranjan Mishra,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Shri Rajan Upadhyay, learned counsel for the petitioner, Shri Alok Ranjan Mishra, learned counsel for respondent nos. 1 and 3 and learned AGA for respondent no.2. 2. The instant petition has been preferred with a specific prayer for setting aside the order dated 6.6.2023 passed by learned Civil Judge, FTC (Crime against Women), Court No.22, Prayagraj in Case No.550 of 2021 through which application preferred at the behest of the petitioner for renewal/fresh passport has been denied only on the basis of the pendency of the mediation between the parties which has already been commenced and the said application has been preferred in between. 3. Today when the matter has been taken up Shri Rajan Upadhyay, learned counsel for the petitioner submitted that the grounds which were available for rejecting the application dated 29.4.2023 was no more in existence since the mediation which has been initiated between the parties has now been concluded as failed on 23.8.2023 whereas the rejection order impugned through the instant petition was of 6.6.2023. 4. Learned counsel for the petitioners further submitted that there is hardly any other case in shape of criminal history credited in favour of the petitioner rather, petitioner is Senior Researcher and rendering his services in Company Strategic & Consultancy Firm at Dubai and as such for purposes of his services he has to frequently fly to Dubai which is part of his livelihood also. 5. Learned standing counsel appearing for Government of India although did not dispute the prayer as made in the petition but submitted that the contents of the prayer cannot be acceded by the concerned ofÏcer since as per ofÏce memorandum dated 10.10.2019 issued by Ministry of External Affairs, Government of India, it is the strict provision available under GSR 570(E) dated 25.8.1993 which is guiding clauses for issuing/renewal of the passport to the applicants against whom certain criminal proceeding is pending before criminal court of law and an order from the court, an applicant could be issued a short validity passport of one year or for the period specified by the court. 6. After having rival submissions extended by learned counsel for the parties and by bare perusal of the credentials of the petitioner, the criminal proceedings pending against the petitioner is arising out of matrimonial dispute and the strict guidelines issued by the Government of India has been framed for restraining for certain persons who are involved in the criminal activities against whom certain matters are pending before any court of law, in the instant matter the only matrimonial dispute is pending against the petitioner and being the highly qualified and educated person rendering his services as Senior Researcher it is part and parcel of his duty to travel abroad. 7. Considering all the above mentioned facts and grounds Regional Passport OfÏcer, New Delhi/concerned authority is hereby directed to consider application of the petitioner for issuing/renewal of passport by way of considering the assent has been recorded by this court for the same strictly in accordance with the ofÏce memorandum dated 10.10.2019 within two months. 8. Writ petition is disposed of accordingly. Order Date :- 21.1.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad