Pappu Yadav vs Union Of India And 2 Others
2023 Latest Caselaw 17854 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:142918-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 21793 of 2023
 

 
Petitioner :- Pappu Yadav
 
Respondent :- Union Of India And 2 Others
 
Counsel for Petitioner :- Tej Prakash Mishra
 
Counsel for Respondent :- A.S.G.I.,C.S.C.,Suresh Chandra Mishra
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Prashant Kumar,J.

1. Heard learned counsel for the petitioner; learned Standing Counsel and Shri Suresh Chandra Mishra, learned counsel for respondent.

2. Present writ petition has been preferred for a direction commanding the respondent authority to issue passport certificate to the petitioner within stipulated period.

3. Learned counsel for the petitioner submits that even though the petitioner has moved an application for issuance of passport as per the Passport Act but till date merely on account of registration of Non-Cognizable Report (NCR) No.0231/2021 under Section 323, 504, 506 IPC, P.S. Rudrapur, District Deoriapetitioner's application has not been processed. 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 re-issuance of passport may be processed in the light of judgment passed in Ajay Kumar Kushwaha case (supra) within reasonable time.

4. Considering the facts and circumstances of the case, we dispose of the writ petition asking the first and third respondents to process the application of petitioner and pass appropriate order strictly in accordance with law; in view of the dictum in Ajay Kumar Kushwaha (Supra) and as per the Passport Act, 1967 read with Passport Rules, 1980 and Passports Application (Facilitation and Processing) Rules, 2010 expeditiously.

Order Date :- 18.7.2023

A. Pandey