HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.2000 of 2021
ORDER:
The petitioner has approached this Court complaint that his application for renewal of his passport No.H5323411 as per application No. VJ2073145164120 dated 11.12.2020 was not accepted by 2nd respondent and the passport has not been issued to him.
2. Ms.Alekhya appearing for Assistant Solicitor General would submit that in the course of the police enquiry, it has come out that a criminal complaint was registered against the petitioner bearing F.I.R.No.321 of 2018 in the Lalapet Police Station, Guntur Urban District and the same is pending, at that stage.
3. She further submits that in view of the said pendency, the passport of the petitioner could not be issued and relies upon Section 6(2) (f) of the Passports Act, 1967 which stipulates that the passport authority can refuse to issue a passport on the ground that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India. It is submitted that no charge sheet has yet been filed in this case.
4. Sri A.Sai Rohit, learned counsel for the petitioner relies upon a Judgment of Hon'ble High Court of Karnataka and Bangalore dated 01.10.2020 in W.P.No.9141 of 2020. He also relies upon a Judgment of the Hon'ble High Court of Delhi at New Delhi equivalent to Ashok Kanna Vs Central Bureau of 2 Investigation1 and the Judgment of the High Court of Madras dated 27.06.2014 in the case of W.Jaihar William vs. State of Tamil Nadu2.
5. A perusal of Section 6(2) (f) would go to show that the said condition would operate only when a Court of appropriate criminal jurisdiction takes cognizance of the case and the said case is pending before the criminal Court. In the present case, the matter is still pending investigation and no charge sheet has been filed. In the said circumstances, the provisions of Section 6(2)(f) would not be applicable.
6. As far as Section 6(2) (f) is concerned, the Central Government has also issued G.S.R.No.570(E), dated 25.08.1993 stipulating that issue of passport to a person falling within the ambit of Section 6(2) (f) need not be stalled, provided the said person obtains Court orders specifying the further period of valid passport or specifying a period of travel abroad.
7. In these circumstances, this writ petition is allowed directing the 3rd respondent to issue a passport to the petitioner. However, in the event of charge sheet being filed after investigation in F.I.R.No.321 of 2018 in the Lalapet Police Station, the petitioner would be required to obtain necessary instructions from the Court where the charge sheet is filed. These instructions shall be in relation to the further period of validity of the said passport and conditions, if any, that may be imposed by the Court in relation to his travel abroad. 1 2019 (265) DLT 614 2 (2014)8MLJ61 3
8. In the event, the petitioner does not take steps for obtaining such instructions, it would be open to the 3rd respondent to revoke the passport of the petitioner after due notice to the petitioner.
9. Accordingly, the writ petition is allowed. There shall be no order as to costs.
As a sequel, the miscellaneous applications, if any pending, shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
16.02.2021 RJS 4 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.2000 of 2021 16.02.2021 RJS