Sahba vs Union Of India And 4 Others
2023 Latest Caselaw 17363 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:139715-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 19312 of 2023
 
Petitioner :- Sahba
 
Respondent :- Union Of India And 4 Others
 
Counsel for Petitioner :- Nagendra Kumar Singh
 
Counsel for Respondent :- A.S.G.I.,C.S.C.,Rajesh Kumar Singh
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Prashant Kumar,J.

1. Heard learned counsel for the petitioner; Sri Rajesh Kumar Singh, learned counsel for respondent nos.1 to 3 and Shri Devesh Vikram, learned Additional Chief Standing Counsel for the State respondent nos.4 and 5.

2. Learned counsel for the petitioner vehemently submits that the petitioner applied online for issuance of passport on 03.01.2023 but merely on account of registration of Non-Cognizable Report (NCR) No.39/2020 under Sections 323, 504 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 2020 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.

3. On the other hand, learned counsel for Union of India, on the instructions, has submitted that a show cause notice 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.

4. Considering the facts and circumstances of the case, we are not inclined to adjudicate the matter at this stage.

5. Needless to say that if the petitioner files an objection to the show cause notice within ten days from today, we hope and trust that the respondents would 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.

6. With these observations and direction, this writ petition stands disposed of.

Order Date :- 14.7.2023

RKP