SANDEEP KUMAR YADAV v. UNION OF INDIA AND 4 OTHERS
WRIC/20475/2025 · 2025-07-15
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69709 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69709 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:114818-DB Court No. - 21 Case :- WRIT - C No. - 20475 of 2025 Petitioner :- Sandeep Kumar Yadav Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Atmaram Nadiwal,Dinesh Kumar Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Gaurav Kumar Chand Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The following prayer has been made in the present petition:-
"Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents/authorities/specifically the respondent No.3 to issue a passport in favour of the petitioner in respect of application reference No.25-0050718132 and application No.L.K. 4065058303025 dated 21.05.2025 forthwith in accordance with law."
2. The specific case of the petitioner is that because of village party bandi, NCR No.193 of 2012 came to be registered against the petitioner on false allegations. It is for the said reason only that passport is not being issued. 3. Sri Gaurav Kumar Chand, Advocate appearing for the respondent No.3 has placed on record the written instructions received from the Ministry of External Affairs, Passport Office, Gomti Nagar, Lucknow, in which, it is admitted that the passport is not being granted to the petitioner on account of adverse police report based on NCR registered against the petitioner. It is also stated in the instructions that the respondents would follow the law laid down by this Court in Pawan Kumar Rajbhar vs. Union of India and 2 others in Writ-C No. 41540 of 2023. 4. In Pawan Kumar Rajbhar (supra), in paragraph-21, in relation to the NCR, the stand taken on behalf of the Passport Authority was that issuance of passport would not be withheld on account of report of NCR against any citizen. The relevant part of the same is extracted below:-
"21. Therefore, we are inclined to read the word 'proceeding' used in Sections 6 (2) (f) and 10 (3) (e) of the Act to allow minimum
scrutiny/application of mind by the jurisdictional Criminal Court under whose territorial jurisdiction a criminal investigation or enquiry or trial may be pending, as may be the case. Thus, where an offence may be pending investigation at a Police Station, the Court/Judicial Magistrate having territorial jurisdiction over that Police Station may grant permission to a person accused of that criminal offence, to travel abroad.
Insofar as NCR are concerned, learned A.S.G.I. has categorically and most fairly stated, there is no reason to withhold issuance, renewal or reissue of a passport. The Regional Passport Authority do not and in any case they shall not withhold issuance, renewal or re-issuance of individual passports against report of NCR against any citizen applicant. "
5. In view of the above, we dispose of the instant writ petition with direction to respondent No.3 to consider grant of passport to the petitioner without treating the NCR registered against the petitioner as an impediment. The decision would be taken within three weeks from the date of communication of the instant order. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 16.7.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad