Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31909 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner, Sri Bikash Kumar Mishra, learned counsel for respondents no. 1 and 2 and learned Standing Counsel for respondent no. 3. 2. Learned counsel for respondent nos. 1 and 2 states that the description of the said respondents is not proper. 3. In view of the said submission, we permit learned counsel for the petitioner to correct the description of respondent nos. 1 and 2 in the cause title. 4. The present petition has been filed for the following reliefs: -
"i. Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1 and 2 to issue the passport in favour of petitioner within a stipulated period. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to close the N.C.R. No. 196 of 2020, under Sections 323, 504 IPC, Police Station : Rampur, District : Jaunpur."
5. The case of the petitioner is that only one NCR bearing No. 196 of 2020, under Section 323, 504 IPC, PS Rampur, District Jaunpur, is registered against the petitioner and that would not be an impediment in grant of passport. 6. In Pawan Kumar Rajbhar vs. Union of India and 2 others in Writ-C No. 41540 of 2023, in paragraph-21, in relation to NCR, it is noted that 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:-
Versus Counsel for Petitioner(s) : Jitendra Singh, Sachchida Nand Ojha, Vikas Srivastava Counsel for Respondent(s) : A.S.G.I., Bikash Kumar Mishra, C.S.C. Shoharab Ahmad .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
"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."
7. 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. September 12, 2025 Jaideep/- WRIC No. 31909 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad