WPMS 1202/2011 Hon’ble Tarun Agarwala, J. Heard Sri Jitendra Chaudhary, Advocate with Sri Sohail A. Siddiqui, Advocate for the petitioner and Sri Vikas Pande, Standing Counsel (Central Govt.) for respondent nos. 1 and 4. It is contended that the petitioner has applied for the issuance of a fresh passport after the earlier passport had expired. This application was made on 15th April, 2010, which is still pending consideration. As per the status report obtained by the petitioner on the internet, the passport is not being issued on the ground that a criminal case is pending against the petitioner and that clarification and acquittal order was required from the petitioner. The petitioner contends that pursuant to the notification dated 25th August, 1993, the Passport Officer could issue a passport even to those citizens against whom criminal cases are pending, on certain terms and conditions, and therefore, it is submitted that in the light of the aforesaid notification, the Passport Officer is duty bound to issue the passport under Section 5 of the Passports Act, 1967. Without going into the merits of the case, the Court is of the opinion that the Passport Officer is duty bound to pass an order under Section 5 of the Passports Act either issuing a passport to the petitioner or refusing to issue a passport. In either case, the Passport Officer is required to act upon the application of the petitioner. Consequently, this petition is disposed of with the direction to the Passport Officer respondent no. 4 to take action on the application of the petitioner under Section 5 of the Passports Act within two weeks from the date of production of a certified copy of this order. Certified copy of this order shall be made available to the learned counsel for the petitioner today itself on payment of usual charges. (Tarun Agarwala, J.) 15-06-2011 SP