Court mandates police verification reports to clearly disclose charge-sheet and trial status, orders passport application decision within six weeks
In a significant judgment delivered on October 13, 2026, the Allahabad High Court bench comprising Justices Ajit Kumar and Garima Prashad ruled in favor of petitioner Suresh Yadav @ Geeta Saran Yadav, who sought re-issuance of his passport. The petitioner's application, filed on May 12, 2026, was pending with the Regional Passport Officer solely due to a police verification report implicating him in a criminal case under Sections 419, 420, 467, 468, and 471 of the Indian Penal Code (IPC), as well as Section 12(b) of the Passport Act, 1967.
Upon review, the Court was informed through official instructions that the investigation against the petitioner had been closed with a closure report filed, and only co-accused were charge-sheeted. Importantly, the petitioner had no criminal history. The Court emphasized that where no criminal case is ongoing against the passport applicant, the Regional Passport Officer is duty-bound to dispose of the passport application after verifying routine credentials such as academic records, date of birth, and identity particulars.
The Court further issued vital directions concerning the content and quality of police verification reports. It observed that police officers must refrain from mechanically listing the case crime number or charge-sheet details without clarity. Instead, verification reports must explicitly disclose:
- Whether a charge-sheet has been filed against the applicant,
- Whether the Court has taken cognizance of the charge-sheet,
- The current status of the charge-sheet or closure report,
- Whether any judicial order has been passed on the final report, and
- The status of any trial if commenced.
These particulars are essential to ensure transparency and fairness in the passport issuance process. The Court directed the Director General of Police, Uttar Pradesh, to incorporate these mandatory details into the police verification form and submit a compliance affidavit through the Registrar General of the High Court.
Consequently, the Court ordered the Regional Passport Officer to decide the petitioner's pending application for passport re-issuance within six weeks from the production of the certified copy of the judgment.
This judgment sets a precedent aimed at preventing undue harassment of citizens in passport issuance based on incomplete or misleading police verification reports. It reinforces the principle that administrative authorities must act on accurate and comprehensive information, especially when fundamental rights such as freedom of movement are at stake.
Bottom Line:
Passport - Re-issuance of passport cannot be withheld merely on the basis of a police verification report mentioning implication in a criminal case when closure report has been submitted against the applicant and there is no criminal case/criminal history against him - Police verification report must clearly disclose whether charge-sheet has been filed against the passport applicant, whether cognizance has been taken, status of final report/closure report, and status of trial, if any.
Statutory provision(s):
Article 226, Constitution of India; Section 12(b), Passport Act, 1967; Sections 419, 420, 467, 468, 471, Indian Penal Code
Suresh Yadav @ Geeta Saran Yadav v. Union of India, (All)(DB) : Law Finder Doc Id # 3004089