Hon'ble Alok Mathur,J.
Heard Sri Mohammad Aslam Beg, learned counsel for the petitioner and Sri S.B. Pandey, learned Assistant Solicitor General, assisted by Sri Mahendra Kumar Mishra, learned counsel for opposite party nos. 1 & 2.
By this writ petition, a direction has been sought for issuance of the passport pursuant to the application dated 04.09.2018. It has been denied in reference to the police information showing pendency of criminal cases against the petitioner.
It is stated by learned counsel for the petitioner that no criminal case is pending and in fact reference of the cases, whatever has been given in the police report does not pertains to the petitioner. The petitioner has not been named in any first information report and has not even charge-sheeted. In view of above, denial of the passport is not proper.
Learned Assistant Solicitor General submits that denial is in reference to the police report showing pendency of the criminal case against the petitioner. However, if no criminal case is pending, the petitioner may submit a representation along with an affidavit indicating that no criminal case is pending against him. The aforesaid may be supported by the documents, if any.
In that case, the Passport Officer would seek fresh verification from the police and if no case is found pending against the petitioner then he would be issued passport.
In view of above, petitioner is directed to submit a representation before the Passport Officer indicating that no criminal case is pending against him, as referred in the police certificate. The application may be supported by document. Immediately on receipt of the representation, the Passport Officer would seek fresh verification from the police. The police is directed to make a proper verification after making enquiry.
Immediately on fresh certification, if no case is found pending against the petitioner, the Passport Officer would proceed to issue passport as per provisions of law, if no other objection exist.
With the aforesaid observation/direction, this writ petition is disposed of.
Order Date :- 30.8.2019 Nitesh