The Allahabad High Court while relying on the Supreme Court’s decision in the Basu Yadav case said that mere registration of a criminal case or pending appeal cannot lead to refusal to issue or renew a passport.
The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar passed this order while hearing a petition filed by Akash Kumar.
By means of the petition, petitioner has prayed for following principal reliefs:-
“(i) Issue a suitable order or direction in the nature of certiorari for quashing the impugned order dated 21.7.2023 passed by respondent no 3 by which the passport application of the petitioner rejected on the ground that police verification report is not clear Contained in of writ petition.
(ii) Issue a writ order, or direction in the nature of mandamus directing the respondent no 2 and 3 to issue passport to the petitioner.”
N.K Chatterjee, counsel for the Union, on the basis of instructions received by S.S.P for Regional Passport Officer, Lucknow, submitted that an adverse police verification report dated 07.07.2023 is indicated therein with a remarks as “NCR under Sections 323, 504, I.P.C registered” against the applicant (petitioner herein).
He further submitted that a Show Cause Notice dated 21.07.2023 has been issued to the petitioner to submit his reply regarding the aforesaid case.
However, the response of the aforesaid Show Cause Notice is still awaited on the part of the petitioner which is to be submitted in the office of Regional Passport Officer, Lucknow.
In response to the above, counsel for the petitioner submitted that as per provisions of Code of Criminal Procedure, 1973, 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 2020 and as per Section 468 Cr.P.C, if cognizance of the case could not be taken within a limited period then the report of the non-cognizable case would be worthless document.
In this backdrop, counsel for the petitioner vehemently contended that neither he was convicted in any case till date nor he is having any criminal history except the aforesaid case.
He lastly submitted that it is settled law by the Apex Court as well as by the Court that the passport cannot be denied merely on the basis of a criminal case.
In support of his submissions, he has placed reliance upon the judgment and order passed by the Court in Basoo Yadav V/s Union of India and 4 others (Writ-C No 29605 of 2022, dated 16.12.2022) and as such, it is sought to be contended that the matter is squarely covered by the aforesaid judgment and the similar treatment may also be extended to the petitioner.
The above said argument of the counsel for the petitioner is not being disputed by the Standing Counsel for the Union of India as well as Additional Chief Standing Counsel for the State.
In the facts and circumstances of the case, the Court opined that the claim of the petitioner must be processed in the light of the observation made by the Apex Court in the above noted judgement as well as in the light of the judgment in Basoo Yadav(supra) within six weeks from the date of production of a certified copy of the order.
Accordingly, the Court disposed of the petition.