Vinay Kumar vs Union Of India Thru. Ministry Of ...
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Allahabad High Court

Vinay Kumar vs Union Of India Thru. Ministry Of ... on 22 May, 2024

Author: Sangeeta Chandra

Bench: Sangeeta Chandra

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:38789-DB
 
Court No. - 3
 
Case :- WRIT - C No. - 4502 of 2024
 
Petitioner :- Vinay Kumar
 
Respondent :- Union Of India Thru. Ministry Of External Affairs, New Delhi And Others
 
Counsel for Petitioner :- Siyaram Maurya
 
Counsel for Respondent :- A.S.G.I.,C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.
 

Hon'ble Brij Raj Singh,J.

1. Heard learned counsel for the petitioner and learned Standing Counsel for respondent no. 3 and Shri Varun Pandey, learned counsel for Union of India- respondent nos. 1 and 2.

2. This writ petition has been filed with the following main prayer:-

"(i). issue a writ, order or direction in the nature of Mandamus directing the opposite party No. 1 and 2 to re-issue/renewal petitioner's passport pursuant to passport application file bearing No.LK9078776513223 without creating any further hindrance in the greater interest of justice. "

3. It is the case of the petitioner that he had applied for renewal of his passport which was refused only on the ground that the police had submitted a report regarding an NCR No.99 of 2018 having been registered at Police Station Tarun, District Faizabad under Sections 323, 504, 427 IPC. It has been submitted on the basis of judgment rendered by the Division Bench of this Court in the case of Basoo Yadav vs. Union of India and others (WRIT-C No.-29605 of 2022) decided on 16.12.2022 that passport cannot be refused only on the ground of registration of NCR against the applicant unless some orders have been passed by the competent Magistrate directing registration of FIR and investigation thereafter.

4. Learned counsel appearing for the Union of India has pointed out that a show cause notice has been issued to the petitioner seeking verification on 22.11.2023, copy of which is filed as Annexure 1 to the writ petition.

5. Petitioner has submitted a reply to the said show cause notice along with relevant case law.

6. The writ petition is disposed of with a direction to the petitioner to file his reply to the show cause notice dated 22.11.2023, along with documentary evidence and relevant case law, before the respondent no.2, who shall pass a reasoned and speaking order, on such reply of the petitioner, within a period of four weeks thereafter.

Order Date :- 22.5.2024

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