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2021 Supreme(UK) 27

MANOJ KUMAR TIWARI
Mahipal Singh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.R.S. Gill, Advocate
For the Appellant : Mr. Pankaj Chaturvedi, adv

JUDGMENT :

Heard learned counsel for the parties through video conferencing.

2. By means of this writ petition, petitioner has sought the following reliefs:-

    i) Issue a writ, order or direction in the nature of certiorari quashing the communication dated 22.01.2021 issued by respondent no.2 (contained as Annexure no.1 to this writ petition).

ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to issue the passport to the petitioner.

3. Petitioner is challenging a communication issued to him on 22.01.2021, which reads as under:-

    “BL1065191448621: Police has submitted Adverse report for your Current Address.”

4. According to the petitioner, his application for passport has been wrongly rejected based on an F.I.R., which has been registered against him under Sections 323, 498-A and 506 of IPC. Learned counsel for the petitioner submits that the Regional Passport Authority could not have refused to issue passport to the petitioner only on the basis of an F.I.R. and such refusal could have been justified only if the police upon investigation had filed a charge-sheet in the competent court of law.

5. A counter affidavit has been filed by

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