Writ petition filed for renewal of passport denied due to objection regarding pendency of criminal case. Court interpreted Office Memorandum that FIRs alone are not pendency if no court order exists.
Liberty to approach Passport Officer with representation enclosing Office Memorandum; Passport Officer to consider within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 4TH DAY OF MARCH, 2022
BEFORE:
HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 71 of 2022
BETWEEN:
Neeraj Sharda. ...Petitioner
(By Mr. Piyush Garg, Advocate)
AND:
Union of India & another. ...Respondents
(By Mr. Rakesh Thapliyal, Assistant Solicitor General for Union of India/respondents)
JUDGMENT
Heard learned counsel for the parties.
2
No Objection Certificate from the Court concerned is unwarranted.
“5(vi) In case where the secondary Police Verification is also ‘Adverse’, it may be examined whether the details brought out in the police report match the undertaking submitted by the applicant. It may be noted that mere filing of FIRs and cases under investigation do not come under the purview of Section 6(2)(f) and that criminal proceedings would only be considered pending against an applicant if a case has been registered before any Court of law and the court has taken cognizance of the same.”
(MANOJ KUMAR TIWARI, J.)
Navin
2 issues framed by the court
Whether insistence by Passport Officer on No Objection Certificate is warranted when an FIR was closed but no order passed by the court.
Whether the restriction in passport renewal due to pendency of criminal proceedings applies when proceedings have lapsed.
1 provisions across 1 enactments
Neeraj Sharda
Union of India
Manoj Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
