VINOD KUMAR TRIPATHI v. UNION OF INDIA AND 3 OTHERS
WRIC/25063/2025 · 2025-08-12
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79692 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79692 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:138164-DB Court No. - 21 Case :- WRIT - C No. - 25063 of 2025 Petitioner :- Vinod Kumar Tripathi Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Sanjeev Kumar Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Surendra Nath Chauhan Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard learned counsel for the petitioner and Shri Surendra Nath Chauhan,
learned counsel for respondents no.1, 2 and 3.
2. The petitioner has prayed for a writ of mandamus directing respondents no.2 and 3 to re-issue passport to the petitioner.
3. The case of the petitioner is that the respondents are not re-issuing the passport solely on account of one NCR bearing No.43 of 2013 under Sections 323, 504 and 506 IPC registered against him. It is urged that in view of the judgement of Co- ordinate Bench in Pawan Kumar Rajbhar vs. Union of India and 2 others, the same is not an impediment. He further submits that, according to the present status of the application as displayed on the official portal, the police verification report is not clear and application is under review at Regional Passport Office.
4. In Pawan Kumar Rajbhar vs. Union of India and 2 others in Writ-C No. 41540 of 2023, in paragraph-21, in relation to NCR, it is noted that 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.2 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. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.)
Order Date :- 13.8.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad