Can't Reject Passport Application On The Basis Of Reports Of Non-Cognizable Cases Not Investigated Into: Allahabad High Court

The Allahabad High Court has observed that the reports with regard to the non-cognizable cases could not be made the basis for rejecting an application for the issuance of a passport if they had not been investigated into.

The bench of Justice Siddhartha Varma and Justice Ajit Singh observed thus while hearing a writ plea filed by one Basoo Yadav, who had moved the Court seeking the issuance of a passport in his favor.

The case in brief

Essentially, he had moved an application before the Passport Authorities for issuance of a passport, however, his application was rejected on the ground that there was a police report against the petitioner which stated that there were reports with regard to non-cognizable cases.

Before the Court, his counsel argued that per the CrPC, if there was no investigation on the orders of the Magistrate for an NCR, then definitely there was no case pending against the petitioner and hence, the same could not be the basis of the rejection of his application for seeking a passport.

In fact, the Court too took the view that the NCRs could not be taken cognizance of when the Magistrate had not ordered any investigation, and thus, the Court called upon the Director General of Police to send instructions in this regard.

Before the Court, the Director General of Police very categorically stated that such reports of non-cognizable cases which were not investigated into, could not be the reason for refusing a passport to the petitioner.

High Court's observations and order

Having heard learned counsel for the petitioner and after having gone through instructions sent by the DGP, the Court, at the outset, observed that no non-cognizable report which was registered could be taken into cognizance if no investigation was ordered by the concerned Magistrate [Section 155 Crpc].

The Court further noted that even during the pendency of any criminal case, a passport could be issued/renewed as per the Government Order dated 25.8.1993 if the Court passes orders for that purpose.

Consequently, the Court directed the Regional Passport Officer to consider the application of the petitioner for the issuance of a passport within a period of two weeks. 

Significantly, the Court also ordered that the passport applications be not rejected outrightly 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 was asked to issue a notification in this regard.

Further, noting 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, the Court issued 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.

With these directions, the Court allowed the writ plea.

Case title - Basoo Yadav vs. Union Of India And 4 Others [WRIT - C No. - 29605 of 2022]

Case Citation: 2022 LiveLaw (AB) 534

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