Writ petition for issuance of passport. Petitioner claims passport denial is arbitrary based on a non-cognizable report and cites AjayKumar Kushwaha.
Respondents to process passport application within six weeks.
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Court No. - 40
Case :- WRIT - C No. - 7108 of 2020 Petitioner :- Sujeet Yadav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Juned Alam,Kirt Raj Yadav,Mohd Hamid
Counsel for Respondent :- A.S.G.I.,C.S.C.,H.N.Mishra,Hridaya Narayan Mishra
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioner and learned Standing counsel for the State respondents.
The present writ petition is preferred inter-alia for the following reliefs:-
"(i) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to issue the Passport in favour of petitioner as early as possible."
Learned counsel for the petitioner vehemently submits that merely on account of non-cognizable report (NCR) No.202/2016 under Sections 323, 504, 506 I.P.C., the respondents in most arbitrary manner have denied the passport to the petitioner. He submits that as per provisions of Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C."), if there is no order of any Magistrate for investigation under Section 155 (1) Cr.P.C. then no police officer could investigate a non-cognizable case. He further submits that the NCR is of year 2016 and as per Section 468 Cr.P.C., if cognizance of the case could not be taken within limited period then the report of the non-cognizable case would be worthless document. In support of his submission, he has placed reliance on the judgment and order dated 23.10.2019 passed in Writ C No. 34261 of 2019 ( Ajay Kumar Kushwaha v. Union of India and 3 others ) and submits that the claim of the petitioner for issuance of passport may be processed in the light of judgment passed in Ajay Kumar Kushwaha case (supra) within reasonable time.
Learned counsel for Union of India, on the instructions, has submitted that a show cause notice dated 01.11.2019 has been issued to the petitioner but the same has not been
replied by him till date. He fairly states that in case any objection is filed by him within stipulated period, the same would be considered and appropriate order will be passed in the matter strictly in accordance with law and as per the Passport Act expeditiously.
Considering the facts and circumstances of the case, we are not inclined to adjudicate the matter at this stage.
Needless to say that the respondents are directed to process the application of the petitioner but certainly after taking into account the dictum of this Court passed in the case of Ajay Kumar Kushwaha case (supra), strictly in accordance with law and as per the Passport Act within further six weeks from the date of production of certified copy of this order.
With these observations and direction, this writ petition stands disposed of.
Order Date :- 30.1.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether a writ interlocutor order can be passed without adjudicating the instant writ petition on merits.
Whether the passport application of the petitioner can processed considering the recentjudgment in Ajay Kumar Kushwaha
Colour shows how this judgement treated each authority
Ajay Kumar Kushwaha v. Union of India and 3 othersReferred¶8
Writ C No. 34261 of 2019 (Ajay Kumar Kushwaha v. Union of India and 3 others)
Sujeet Yadav
Union Of India
Mahesh Chandra Tripathi
Vivek Kumar Singh
As recorded by the court registry
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