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Neutral Citation No. - 2025:AHC:117493-DB Court No. - 21 Case :- WRIT - C No. - 21806 of 2025 Petitioner :- Raj Pratap Singh Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Arun Kumar Srivastava,Shubham Counsel for Respondent :- A.S.G.I.,Satendra Kumar Upadhyay Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The following prayer has been made in the present petition:-
" Issue a writ, order or direction, in the nature of mandamus commanding the respondent No.2 to decide the Application Form i.e. Application Reference No.24-0017944104/ Passport Application/Fine No.LKM0607416025 which was submitted by the petitioner dated 27.01.2025, with stipulated period which may be fixed by this Hon'ble Court."
2. The specific case of the petitioner is that because of village party bandi, NCR No.155 of 2024, under Section 504 IPC, Police Station Sarai Khwaja, District Jaunpur came to be registered against the petitioner on false allegations. It is for the said reason only that passport is not being issued. 3. In Pawan Kumar Rajbhar vs. Union of India and 2 others in Writ-C No. 41540 of 2023, in paragraph-21, in relation to the NCR, the stand taken on behalf of the Passport Authority was that issuance of passport would not be withheld on account of report of NCR against any citizen. The relevant part of the same is extracted below:-
"21. Therefore, we are inclined to read the word 'proceeding' used in Sections 6 (2) (f) and 10 (3) (e) of the Act to allow minimum scrutiny/application of mind by the jurisdictional Criminal Court under whose territorial jurisdiction a criminal investigation or enquiry or trial may be pending, as may be the case. Thus, where an offence may be pending investigation at a Police Station, the Court/Judicial Magistrate having territorial jurisdiction over that Police Station may grant permission to a person accused of that criminal offence, to travel abroad. Insofar as NCR are concerned, learned A.S.G.I. has categorically and most fairly stated, there is
no reason to withhold issuance, renewal or reissue of a passport. The Regional Passport Authority do not and in any case they shall not withhold issuance, renewal or re-issuance of individual passports against report of NCR against any citizen applicant."
4.
In view of the above, we dispose of the instant writ petition with direction to respondent No.2 to consider grant of passport to the petitioner without treating the NCR registered against the petitioner as an impediment. The decision would be taken within three weeks from the date of communication of the instant order. Order Date :- 18.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad