Andhra Pradesh High Court - Amravati
Mummaneni Surya Prakasha Rao, vs Union Of India, on 13 September, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.19895 of 2022
ORDER:
The petitioner had been issued passport bearing No.J2218433. As
the same was expiring, the petitioner had sought renewal of the passport
by way of an application bearing No.VJ2073315325721 dated 10.03.2021.
Thereafter, the 2nd respondent, who is passport authority, had informed
the petitioner that the police verification report had revealed that the
petitioner has involved in Crime No.464 of 2018 under various provisions
of I.P.C., and A.P. Excise Act, before Bhavanipuram Police Station,
Vijayawada, and that the renewal of passport would require further
clarification. Aggrieved by the said refusal of the 2nd respondent renewing
his passport, the petitioner has approached this Court by way of the
present writ petition.
2. Smt. Nimmagadda Revathi, 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 her 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. She further submits that it is
only when cognizance of a criminal case is taken by the Court, 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.
3. The learned Government Pleader for Home, after obtaining
instructions, submits that a charge sheet has been filed before the Chief
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Metropolitan Magistrate, Vijayawada in relation to this crime vide CF
No.1187/2021 dated 06.07.2021 and awaiting for cognizance of the Court.
4. 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.
5. 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.,
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(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.
6. 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
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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.464 of 2018 of Bhavanipuram Police Station,
Vijayawada.
11. However, this order shall not preclude the 5th respondent
from taking such steps as are necessary to ensure the presence of the
petitioner for any other purposes. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand
closed.
_________________________
R. RAGHUNANDAN RAO, J.
13th September, 2022
Js.
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W.P.No.19895 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.19895 of 2022
13th September, 2022
Js.
