Neutral Citation No. - 2025:AHC:136736-DB Court No. - 21 Case :- WRIT - C No. - 25914 of 2025 Petitioner :- Dipak Kumar Sharma Respondent :- Union Of India And Another Counsel for Petitioner :- Manoj Kumar Maurya Counsel for Respondent :- A.S.G.I.,Ajay Kumar Gautam Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and Sri Ajay Kumar Gautam, learned counsel for respondents. 2. The following prayer has been made in the present petition:- "Issue a Writ order or direction in the nature of mandamus, directing the passport authorities i.e. respondent no. 2, to process the application and renew the passport of the Petitioner, sought vide Application Reference No. (ARN) 25-0050389923, being uninfluenced by the pendency of a criminal case against the petitioner, which is still pending investigation." 3. The specific case of the petitioner is that because of village party bandi, NCR No. 0006 of 2018, under Sections 323, 504 IPC, Police Station Turkpatti, District Kushi Nagar came to be registered against the petitioner on false allegations. It is for the said reason only that passport is not being issued. 4. 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." 5. 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. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 12.8.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad