Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 74483 (ALL)

BIKKU YADAV v. UNION OF INDIA AND 2 OTHERS

WRIC/22392/2025 · 2025-07-14

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:113677-DB Court No. - 21 Case :- WRIT - C No. - 22392 of 2025 Petitioner :- Bikku Yadav Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Sitaram Yadav Counsel for Respondent :- A.S.G.I.,Anant Kumar Tiwari Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The petitioner has applied for a passport, but it has not been granted so far and hence, the instant writ petition. 2. Sri Anant Kumar Tiwari, Advocate has appeared on behalf of the respondents and he has placed on record written instructions dated 10.07.2025 received from the Passport Office Lucknow, according to which, there is an adverse police verification report against the petitioner. It discloses about pendency of NCR No.136 of 2021, under Sections 323, 504 and 506 I.P.C. against the petitioner. It is only for the said reason that passport has not been granted so far. 3. In the instructions itself, it is mentioned that respondents would process the application strictly as per Gazette Notification dated 25.08.1993 and directions given by the Hon'ble Court in Pawan Kumar Rajbhar vs. Union of India and 2 others in Writ-C No. 41540 of 2023 on submission of permission/NOC from trial court. 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 same, we are of the opinion that mere pendency of NCR would not be an impediment in considering the application for issuance of passport. 6. Accordingly, the writ petition is disposed of with direction to respondent No.2 to take appropriate decision on the application of the petitioner for issuance of passport without being influenced by lodging of NCR against the petitioner. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 15.7.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad