Manoj Kumar Singh v. Union Of India And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9722/2024 & CM APPL. 39857/2024 MANOJ KUMAR SINGH .....Petitioner Through:

Mr.

Anubhav Dubey, Ms.

Rakhi Bhati, Ms. Rakhi Tyagi, Ms. Aditi Sahay, Mr. Pardeep Nagar, Ms. Priya Nagar, Advocates.

versus UNION OF INDIA AND ANR .....Respondents Through:

Mr. Ashish K. Dixit, CGSC with Mr.

Aakash Meena, GP for R-1 and 2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 18.07.2024 1.

Petitioner was issued a passport bearing No. Z7192331 on 01st March, 2023 with a validity up to 29th February, 2024. Petitioner has now applied for renewal of the said passport. However, since the renewal has not been granted, the instant petition has been filed. 2.

During the course of proceedings, the Court's attention has been drawn to the fact that on 18th March, 2015, on a complaint of one Dr. Aman Puri, Regional Passport Officer (RPO), an FIR bearing No. 38/2015 was registered under Sections 420/467/468/471/472/473/474/120-B IPC read with Section 12 of Passport Act, 1967, before the EOW Cell, New Delhi. It was found that in respect of 60 passports of Indian citizens, applied in 'Tatkal' category, the verification certificates submitted by the applicants The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

were forged and fabricated. In the ensuing investigation, a chargesheet has been filed under Section 173(8) of the Code of Criminal Procedure, 1973. Supplementary chargesheet, according to the police, is also to be filed. 3.

The Petitioner was not arrayed as an accused or a witness in the aforenoted FIR, however, his name was mentioned in the chargesheet as one who had obtained passport in 'Tatkal' category. Consequently, his application for passport renewal was refused by Respondent No. 2 on the ground that he was required to obtain a 'No Objection Certificate' (NOC) from the concerned Court dealing with the trial of the said FIR. However, when he applied for the NOC, his request was refused by the concerned Court on 25th November, 2022. Thereafter, Petitioner preferred criminal revision petition bearing No. 649/2022, and the Additional District and Sessions Judge, through order dated 28th January, 2023, directed Respondent No. 2 to issue passport to Petitioner.

4.

Despite the above directions, Petitioner has not been issued the passport. He asserts that he has applied for renewal on 14th May, 2024, and even visited the office of Respondent No. 2 and made a representation in this regard on 27th May, 2024, however, such efforts have been of no avail. 5.

Counsel for Respondents points out that although an NOC has been issued in his favour from the Court, the Petitioner is still required to fulfil requirements as per GSR 570(E) dated 25th August, 1993. He has handed over a copy of communication dated 15th May, 2024 issued to the Petitioner wherein certain objections were raised in respect of Petitioner's passport application. It is pointed out that the Petitioner must fulfil all these requirements in order to secure renewal of his passport, and for this purpose, he can also meet the RPO/ or any competent officer deputed by the RPO. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

In view of the above, the present petition is disposed of with following directions:

(i) Petitioner shall visit the Regional Passport Office, Bhikaji Cama Place and meet the RPO/ or any competent officer deputed by RPO on 26th July, 2024 at 11:00 AM.

(ii) Subject to Petitioner fulfilling the necessary requirements, Respondent No. 2 is directed to process Petitioner's passport application. 7.

With the above directions, the present petition is disposed of, along with pending application.

SANJEEV NARULA, J JULY 18, 2024 d.negi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.