Rahul Nishad vs Union Of India And 3 Others
2023 Latest Caselaw 24032 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:175256-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 29061 of 2023
 

 
Petitioner :- Rahul Nishad
 
Respondent :- Union Of India And 3 Others
 
Counsel for Petitioner :- Ray Sahab Yadav
 
Counsel for Respondent :- A.S.G.I.,Bikash Kumar Mishra,C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Prashant Kumar,J.

1. Advocates are abstaining from judicial work. Learned Standing Counsel for the Union of India is present.

2. The present writ petition is preferred inter-alia for the following principal relief:-

"(i) issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to issue a character certificate as well as passport in favour of the petitioner."

3. From the perusal of the records, it transpires that merely on account of non-cognizable report (NCR) No.152/2018 under Sections 323, 504 I.P.C., the respondents in most arbitrary manner have denied the passport to the petitioner. Further, from the perusal of provisions of Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C."), this Court finds that 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. From the perusal of the record, we find 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, learned counsel for the petitioner 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.

4. Learned Standing Counsel for the Union-respondents very fairly states that in case any objection is filed by petitioner 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.

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

6. Needless to say that the respondents are directed to 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.

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

Order Date :- 5.9.2023

Sachin/