Salman vs Union Of India And 3 Others
2023 Latest Caselaw 8769 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 8179 of 2023
 

 
Petitioner :- Salman
 
Respondent :- Union Of India And 3 Others
 
Counsel for Petitioner :- Vinod Kumar Sharma
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Manjive Shukla,J.

Heard learned counsel for the petitioner; Shri Ashutosh Srivastava for respondent no.1 and learned Standing counsel for the State respondents.

Present writ petition is preferred for a direction to Superintendent of Police, Ghazipur-respondent no.3 to submit its verification report in favour of the petitioner for issuing passport in pursuant of application of File No.LK4066723569022 dated 11.8.2022 filed by the petitioner in the office of respondent no.2 for issuing his passport.

Learned counsel for the petitioner vehemently submits that merely on account of non-cognizable report (NCR) No.0047 of 2016 under Section 323/ 504 IPC lodged on 21.4.2016 at P.S. Mardah, Distt. Ghazipur, the respondents in most arbitrary manner have not processed the passport of 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. Reliance has also been placed on the judgment of Hon'ble the Apex Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation, 2021 0 Supreme (SC) 992 and the judgment of this Court dated 27.11.2021 in Writ-C No.24451 of 2021 (Brajnath Yadav v. Union of India & Ors.).

Learned counsel for the respondents, on the other hand, has submitted that the claim of the petitioner will be processed 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, the respondents are directed to process/finalise the application of the petitioner strictly in accordance with law and as per the Passport Act within three months from the date of production of certified copy of this order, but certainly after taking into account the dictum of this Court in the case of Ajay Kumar Kushwaha (supra).

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

Order Date :- 24.3.2023

SP/