Allahabad High Court
Ramesh Kumar vs Union Of India And 3 Others on 27 March, 2023
Bench: Mahesh Chandra Tripathi, Manjive Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 6746 of 2023
Petitioner :- Ramesh Kumar
Respondent :- Union Of India And 3 Others
Counsel for Petitioner :- Firdos Ahmad,Pawan Kumar Yadav
Counsel for Respondent :- A.S.G.I.,C.S.C.,Sushil Kumar Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Manjive Shukla,J.
Heard learned counsel for the petitioner, Sri Sushil Kumar Pandey, learned counsel for the Union of India and learned Standing Standing Counsel for the State respondent.
Present writ petition is preferred for a direction to respondent no.2 Regional Passport Officer, Lucknow to issue the passport in favour of the petitioner bearing File No.LK4066304581222 within stipulated period. Further prayer has been made to direct Senior Superintendent of Police, Azamgarh-respondent no.3 and SHO, P.S. Mubarakpur, District Azamgarh to send police verification report in favour of the petitioner for issuing passport with regard to File No.LK4066304581222.
Learned counsel for the petitioner vehemently submits that merely on account of non-cognizable report (NCR) No.0002/2018 under Section 323, 504 IPC lodged on 2.1.2018 at P.S. Mubarakpur District Azamgarh, 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 2018 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 :- 27.3.2023
Salim
