Madhya Pradesh High Court
Rajeev Nayan vs Union Of India on 1 September, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1 WP-11156-2021
The High Court Of Madhya Pradesh
WP-11156-2021
(RAJEEV NAYAN Vs UNION OF INDIA)
4
Indore, Dated : 01-09-2021
Shri D.S.Chouhan, counsel for the petitioner.
Shri Kushal Goyal, counsel for the respondent/Union of India.
This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs :-
(i) issue a writ, direction or order in the nature of CERTIORARI or other appropriate writ, calling for the record of the petitioner's case.
( ii) issue a writ, direction or order in the nature of CERTIORARI/MANDAMUS or other appropriate writ, directing the respondents to issue regular passport having validity of 10 years to the petitioner.
(iii) award the cost of petition."
The grievance of the petitioner is that respondent/Regional Passport Officer is not issuing the passport to the petitioner on the ground that some criminal case is pending against him.
Counsel for the petitioner has submitted that earlier a case was registered against the petitioner under sections 420, 467, 468, 471, 120-B of IPC at crime No. 671/2010 at P.S. Tukoganj, Indore. However, in the aforesaid case the police has already submitted Khatma before the learned Judge of the lower court and which according to the respondent has not been accepted by the lower court and by its order, the Tukoganj police has been directed to reinvestigate the matter.
Counsel for the petitioner has submitted that even assuming the same to be correct, the issuance of passport cannot be denied to the petitioner as Signature Not VerifiedDigitally signed by according to section 6(2)(f) of the Passport Act, 1967, the legal requirement SAN SMT MUKTA KOUSHAL Date: 2021.09.03 17:32:20 IST 2 WP-11156-2021 is that a case must be pending before a criminal court in India, whereas in the present case admittedly there is no criminal case pending in India against the applicant. Thus it is submitted that respondent be directed to issue passport to the petitioner.
Counsel for the respondent on the other hand has submitted that the petitioner's application for grant of Passport could not be processed because of the order passed by the Judge of the lower court wherein the police has bee directed to reinvestigate the matter. The counsel has however not denied that there is no criminal proceedings pending against the applicant in India as per the documents filed on record.
On due consideration of the submissions and on perusal of record, this Court finds force in the contention raised by the petitioner and considering the fact that case which was registered at crime No. 671/2010 is pending further investigation in the police station, Tukoganj itself in which earlier Khatma report was filed by the police in the year 2013, this Court finds no legal impediment in directing the respondent to process the petitioner's application for grant of fresh passport.
In view of above, the petition stands allowed and respondent is directed to process the petitioner's application dated 23.3.2021 in accordance with law within a period of 4 weeks from the date of receipt of certified copy of this order.
C.c. as per rules.
(SUBODH ABHYANKAR)
JUDGE
MK
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SMT MUKTA
KOUSHAL
Date: 2021.09.03
17:32:20 IST