Tirumalaraju Surya Narayana ... vs The Union Government Of India,
2022 Latest Caselaw 6274 AP

     THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

              WRIT PETITION No.22254 of 2022

ORDER:-

      The   petitioner   is   the   holder   of   passport   bearing

No.K6573608. As the said passport was expiring, the petitioner

is said to have submitted his passport with an application, for

renewal to the 2nd respondent, on 10.03.2022. However, the 2nd

respondent had not processed the said application. Thereupon,

the petitioner had made enquiries with the 2nd respondent and

came to know that the application of the petitioner, for renewal,

was not being processed on the ground that Crime No.535 of

2020 was registered against the petitioner, along with others, on

17.12.2020 under Sections 420, 468 and 471 of IPC in 4 th

respondent-Bhimilipatnam Police Station, Visakhapatnam.

2. The petitioner has approached this Court being

aggrieved by the said action of the 2nd respondent in not

renewing the passport of the petitioner.

3. Sri M.L.Ali learned counsel, appearing for the

petitioner would submit that the passport officer would be

entitled to refuse renewal of the passport only in terms of

Section 6(2)(f) of the Passports Act and none of the conditions

set out in the said provision would apply to the petitioner. It is

his case that the provisions of Section 6(2)(f) of the passports

Act would not be applicable as there is no case pending before

any Criminal Court in India. He further submits that it is only

when cognizance is taken of a criminal case by the Court that

the conditions set out under Section 6(2)(f) of the Passports Act

would be applicable and in the present case, no such cognizance

has been taken.

4. The learned Government Pleader for Home has

produced written instructions submitted by the 4th respondent

dated 06.09.2022. In these written instructions it is stated that

the complaint filed against the petitioner and others is under

investigation and the presence of the petitioner is very much

necessary for completing the investigation as the other accused

are staying abroad since the registration of the crime.

5. The Hon'ble Supreme Court of India in its Judgment

dated 27.09.2021 in Crl.A.No.1342 of 2017 in the case of

Vangala Kasturi Rangacharyulu vs. Central Bureau of

Investigation, after considering Section 6(2)(f) of the Passport

Act had held that the passport authority cannot refuse renewal

of the passport on the ground of pendency of a criminal appeal

and directed the passport authority to renew the passport.

6. The issue and renewal of passports is regulated by

the Passport Act, 1967. Section 6(2), extracted below, is relevant

for this purpose.

(2) subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of Section 5 on any one or more of the following grounds, and on no other ground, namely:-

(a) that the applicant is not a citizen of India.,

(b) that the applicant may, or is likely to, engage outside India

in activities prejudicial to the sovereignty and integrity of India.,

(c) that the departure of the applicant from India may, or is

likely to, be detrimental to the security of India.,

(d) that the presence of the applicant outside India may, or is

likely to, prejudice the friendly relations of India with any

foreign country.,

(e) that the applicant has, at any time during the period of five

years immediately preceding the date of his application, been

convicted by a Court in India for any offence involving moral

turpitude and sentenced in respect thereof to imprisonment for

not less than two years.,

(f) that proceedings in respect of an offence alleged to have been

committed by the applicant are pending before a criminal court

of India.,

(g) that a warrant or summons for the appearance, or a warrant

for the arrest, of the applicant has been issued by a Court

under any law for the time being in force or that an order

prohibiting the departure from India of the applicant has been

made by any such court.,

(h) that the applicant has been repatriated and has not

reimbursed the expenditure incurred in connection with such

repatriation.,

(i) that in the opinion of the Central Government the issue of a

passport or travel document to the applicant will not be in the

public interest.

The grounds on which, the renewal of the passport of the

petitioner is being refused could at best fall within Section 6 (2)

(f) of the Passport Act. This provision has been considered in

various cases and the ambit of this provision is fairly settled.

7. A learned Single Judge of the High Court at Madras

dated 04.02.2021 in W.P.No.20058 of 2020 held that mere

pendency of a First Information Report cannot be the legal basis

for denial of issuance of a regular passport to the petitioner and

that it is only after cognizance is taken by an appropriate Court

that it can be held that criminal proceedings have commenced

and issuance or renewal of the passport would be depend on no

objection being given by the concerned Court.

8. The Central Government has also issued

G.S.R.No.570(E), dated 25.08.1993 stipulating that a no

objection order would be required from a Court only if it falls

within the ambit of Section 6(2)(f).

9. In view of the fact that Section 6(2)(f) would arise

only when there is a pending proceeding before the Criminal

Court after cognizance is taken, it would have to be held that as

of now there is no pending criminal proceeding before the Court.

10. Accordingly, this writ petition is disposed of with a

direction to the 3rd respondent to consider the application of the

petitioner, for renewal of his passport, without raising any

objection relating to the pendency of Crime No.535 of 2019 in

4th respondent-Bheemili Police Station, Visakhapatnam.

11. However, this order shall not preclude the 4th

respondent from taking such steps as are necessary to ensure

the presence of the petitioner, for conduct of the investigation of

the aforesaid crime for any other purposes. There shall be no

order as to costs.

Miscellaneous petitions, pending if any, in this Writ

Petition shall stand closed.

___________________________________ JUSTICE R.RAGHUNANDAN RAO Date: 07-09-2022

Note:

Issue C.C in two days B/o RJS

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.22254 of 2022

Date : 07-09-2022

RJS