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Neutral Citation No. - 2025:AHC:144082-DB Court No. - 21 Case :- WRIT - C No. - 26040 of 2025 Petitioner :- Ram Sevak Respondent :- Union Of India And Another Counsel for Petitioner :- Manoj Kumar Maurya Counsel for Respondent :- A.S.G.I.,Om Prakash Yadav Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The petitioner has prayed for a writ of mandamus commanding the respondent authorities to process his application for grant of passport dated 04.04.2022 without being influenced by NCR registered against him. 2. Learned counsel for the petitioner submits that till date no investigation has been carried out on the basis of NCR. He places reliance on the Judgment of Pawan Kumar Rajbhar vs. Union of India and 2 others in Writ-C No. 41540 of 2023, in contending that mere registration of NRC would not be an impediment to grant of passport. 3. Learned counsel appearing for the Regional Passport Officer admits that there is only one NCR registered against the petitioner. 4. In Pawan Kumar Rajbhar (supra), in paragraph-21, in relation to the NCR, it has been observed:-
"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 same, we are of the opinion that mere pendency of NCR would not be an impediment in considering the application for issuance of passport. 6. Accordingly, the writ petition is disposed of with direction to respondent No.2 to take appropriate decision on the application of the petitioner for issuance of passport without being influenced by lodging of NCR against the petitioner.
(R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 21.8.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad