Dipak Nishad v. Union of India and Another

Court No. -32 Case :-WRIT -C No. -37339 of 2023 Petitioner :-Dipak Nishad Respondent :-Union Of India And Another Counsel for Petitioner :-Brijesh Kumar Mishra Counsel for Respondent :-A.S.G.I. Hon'ble Salil Kumar Rai,J. Hon'ble Surendra Singh-I,J. The grievance of the petitioner in the present petition is that the respondents-Passport Authorities are not issuing passport to the petitioner because a Non-Cognizable Report under Sections 323, 504 and 506 I.P.C has been filed against the petitioner. This Court in its order dated 16.12.2022 passed in Basoo Yadav V/s. Union of India and 4 others (Writ-C No. 29605 of 2022, dated 16.12.2022) held as follows:-"Having heard learned counsel for the petitioner and learned Standing Counsel and after having gone through the instructions which have been sent by the Director General of Police, the Court is definitely of the view that no non-cognizable report which was registered could be taken into cognizance if no investigation was ordered by the concerned Magistrate. Even though in the instant case, whether the passport can be refused on the basis of the pendency of the criminal case is not the question involved, we are of the view that even during the pendency of any criminal case, passport could be issued/renewed as per the Government Order dated 25.8.1993 if the Court passes orders for that purpose. In the instant case, we do find that the application of the petitioner was rejected on the basis of the two reports of non-cognizable cases namely NCR No.111/2012 and NCR No.114/2018. The Director General of Police has also given his view that the reports with regard to the non-cognizable cases could not be made the basis for rejecting an application for issuance of passport if they had not been investigated into. Under such circumstances, we issue the following directions :-

(1) The passport form of the petitioner for the issuance of a passport be considered within a period of two weeks from the date of presentation of a certified copy of this order before the respondent no.2-Regional Passport Officer, Regional Passport Office, Vipin Khand, Gomti Nagar, Lucknow;

(2) Since we are finding that in quite a few cases the reports of non-cognizable cases in which the concerned Magistrate had not even ordered for investigation were being taken into account for rejection of passport, we issue a direction to the Director General of Police to instruct his officers to give a report with regard to the pendency of reports in non-cognizable cases after appropriate and proper application of mind;

(3) Outright the passport applications be not rejected under section 6(2)(f) of the Passports Act if orders of the Court, where the criminal case is pending, have been passed as per the Government Order dated

25.8.1993. The Director General of Police to issue notification in this regard also. With these observations, the writ petition is, accordingly, allowed." Further, the Supreme Court in Vangala Kasturi Rangacharyulu V/s. Central Bureau of Investigation (IA 52346/2021 in Criminal Appeal No(s). 1343/2017), held that the passport authority cannot refuse the renewal of the passport on the ground of pendency of the criminal appeal. For ready reference, the operative portion of the order dated

27.09.2021 is reproduced herein below :- "The refusal of a passport can be only in case where an applicant is convicted during the period of 5 years immediately proceeding the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years. Section 6.2 (f) relates to a situation where the applicant is facing trial in a criminal court. Admittedly, at present, the conviction of the appellant stands still the disposal of the criminal appeal. The sentence which he has to undergo is for a period of one year. The passport authority cannot refuse the renewal of the passport on the ground of pendency of the criminal appeal. The passport authority is directed to renew the passport of the applicant without raising the objection relating to the pendency of the criminal appeal in this Court. Subject to the other conditions being fulfilled, the Interlocutory Application stands disposed of." This Court is of the opinion that the application of the petitioner be considered in light of the aforesaid judgements. The petition is disposed of with a direction to the Regional Passport OfÏcer, Regional Passport OfÏce, Gorakhpur Region, Gorakhpur to pass appropriate orders and decide the application filed by the petitioner within a period of three months from the date a copy of this order is produced before him. With the aforesaid direction, the writ petition is disposed of. Order Date :- 30.10.2023/Anurag/- High Court of Judicature at Allahabad