Allahabad High Court
Rasid Khan vs U.O.I. Thru Secy. Ministry Of External ... on 25 June, 2021
Bench: Rajan Roy, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- MISC. BENCH No. - 11247 of 2019 Petitioner :- Rasid Khan Respondent :- U.O.I. Thru Secy. Ministry Of External Affairs & Ors. Counsel for Petitioner :- Saket Kumar Gupta,Shahabuddin Counsel for Respondent :- C.S.C.,A.S.G. Hon'ble Rajan Roy,J.
Hon'ble Saurabh Lavania,J.
Heard.
The petitioner filed this writ petition in the year 2019 being aggrieved by non-issuance of a passport to him by the concerned opposite party. The passport was not issued on account of alleged registration of a non-cognizable report on 10.06.2008, under Sections 323, 504 & 506 I.P.C, which was registered as N.C.R. No. 47/2008 at Police Station-Bazar Shukla, District-Amethi, which was recorded in "Gram Aparadh Pustika-Register No.8." However, opposite party No.3 herein i.e. S.H.O., Police Station-Shukla ka Bazar, District Amethi while filing his counter affidavit has stated in paragraph 7 to 9 as under:-
"7. That after registering the NCR No. 47/2008, complainants did not obtain any order from competent court from Sultanpur for conducting the investigation in the above mentioned Non-cognizable offences registered in NCR No.47/2008, hence neither any investigation has been made by the police station in the said NCR nor any investigation is pending in the said matter.
8. That the then S.H.O. Sri Arvind Tewari did not give the consent for the issue of passport because NCR No.47/2008 under Section 323/504/506 of I.P.C. are registered in the records of Police Station, Bazar Shukla, District Amethi against the petitioner.
9. That no other criminal record against the petitioner has been registered at Police Station-Bazar Shukla, District-Amethi."
Bare perusal of it, it appears that no criminal case is pending against the petitioner. A non-cognizable report can not be investigated without order of competent Court as per provisions of Code of Criminal Procedure, therefore, opposite party No.3 has stated in his counter affidavit that the then S.H.O. did not give the consent for issuance of passport merely because of registration of N.C.R. No.47/2008 but he has also stated that no order from competent Court from Sultanpur has been passed/ obtained for conducting investigation in the above case, hence neither any investigation has been made by the Police Station in the said N.C.R. nor any investigation is pending in the said matter.
In view of counter affidavit filed by opposite party No.3, we direct opposite party No.2 to requisition a fresh police report from the concerned Police Station of District Amethi whereupon such reports shall be sent to the opposite party No.2 and thereafter the application of the petitioner for issuance of passport, which is pending, as informed by Sri S.B. Pandey, shall be considered and order shall be passed thereon at the earliest keeping the facts noticed herein in mind. This entire exercise shall be completed within two months.
The petition stands disposed of in the aforesaid terms.
Order Date :- 25.6.2021 Vinay/-