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2019 Supreme(Del) 196

VIBHU BAKHRU
Ashok Kumar Sharma – Appellant
Versus
Regional Passport Officer – Respondent


Advocates Appeared:
For the Petitioner:Mr. B.P. Singh, Mr. Anubhav Gupta and Mr. Vikas Poonia, Advocates
For the Respondents:Mr. Ravi Prakash, CGSC with Mr. Farman Ali, Mr. Brajesh Kumar, Advocates, Mr. Prince Roshan, JPA, RPO, Delhi. Mr. Brajesh Kumar, Advocate for UOI. Mr. Sanjeev Bhandari, SPP, CBI along with Mr. Prateek Kumar, Advocate for R-3/CBI.

JUDGMENT :

VIBHU BAKHRU, J.

1. The petitioner has filed the preset petition, inter alia, impugning an order dated 17.07.2018 (hereafter ‘the impugned order’) passed by respondent no.1 (Regional Passport Officer) denying the petitioner‘s request for re-issuance of the passport. In the impugned order, respondent no.1 has referred to a notification dated 25.08.1993 issued by the Central Government – being GSR No. 570 (E) – and indicated that the petitioner‘s application would be processed only on receipt of an NOC from the concerned Court in terms of the said notification.

2. The petitioner contends that no such NOC is required as the petitioner‘s application for the same was withdrawn in view of the stand of respondent no.3 (Central Bureau of Investigation – CBI) that no such NOC is required.

3. It is apparent from the above that the petitioner‘s predicament arises from respondent no.1‘s decision not to process the petitioner‘s application for issuance of passport without NOC from the concerned court where criminal proceedings are pending and respondent no.3‘s stand that no such NOC is required.

Factual Background

4. On 08.11.2004, an FIR was, inter alia, registered against the petitioner













































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