The Allahabad High Court’s division bench of Justice Siddhartha Varma and Justice Ajit Singh ruled that reports on non-cognizable cases could not be used to reject an application for the issuance of a passport if they had not been investigated. After hearing learned counsel for the petitioner and reviewing the DGP's instructions, the Court stated at the outset that no non-cognizable report that was registered could be taken into cognizance if no investigation was ordered by the concerned Magistrate.

The Court also stated that a passport could be issued/renewed even while a criminal case is pending, in accordance with the Government Order dated 25.8.1993, if the Court issues orders to that effect. As a result, the Court directed the Regional Passport Officer to consider the petitioner's application for the issuance of a passport within two weeks.

Furthermore, noting that in a number of cases, reports of non-cognizable cases in which the concerned Magistrate had not even ordered for investigation were being taken into account for passport rejection, the Court issued a directive to the Director General of Police to instruct his officers to provide a report on the pendency of reports in non-cognizable cases after appropriate and proper application of mind.

The bench made this observation while hearing a writ petition filed by one Basoo Yadav, who had petitioned the Court for the issuance of a passport in his favour.

Case title: Basoo Yadav vs. Union Of India And 4 Others 
Case Citation: WRIT - C No. - 29605 of 2022
Link: 

https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do