Sameer Prabhakar vs Union Of India Ministry Of ...
2023 Latest Caselaw 12498 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 3 rd OF AUGUST, 2023
                                             WRIT PETITION No. 25598 of 2022

                           BETWEEN:-
                           SAMEER PRABHAKAR S/O LATE JAGDISH CHANDRA
                           PRABHAKAR, AGED ABOUT 57 YEARS, OCCUPATION:
                           SERVICE C-42 COUNTY WALK NEAR SHISHUKUNJ
                           SCHOOL JHALARIA INDORE (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (BY SHRI HEMENDRA JAIN, LEARNED COUNSEL)

                           AND
                           1.    UNION OF INDIA MINISTRY OF EXTERNAL
                                 AFFAIRS SECRETARY B-WING JAWAHARLAL
                                 NEHRU BHAWAN 23D JANPATH NEW DELHI
                                 (DELHI)

                           2.    REGIONAL     PASSPORT    OFFICER PASSPORT
                                 OFFICE, ISBT MAIN BUILDING, MEZZANINE
                                 FLOOR, IN FRONT OF SANCHI 508 DUGDH SANGH,
                                 HOSHANGABAD ROAD, HABIBGANJ, DISTT.
                                 BHOPAL (MADHYA PRADESH)

                           3.    REGIONAL PASSPORT OFFICER PASSPORT SEVA
                                 LAGHU KENDRA, ANANDVAN, SCHEME NO. 140,
                                 IDEA COMPLEX, PIPLIYAHANA, DITT. INDORE
                                 (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (SHRI KUSHAL GOYAL, LEARNED COUNSEL FOR THE RESPONDENTS)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

Counsel for the petitioner submits that the provisions of Section 6(2)(f) of the Passport Act would not apply to the renewal of passport. In the present Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 04-08-2023 10:22:06

case, the renewal of passport is denied on the ground of pendency of a criminal case. In support of his submission, he has placed reliance on a judgment passed by the Apex Court in the case of Vangala Kasturi Rangacharyulu vs. Central Bureau of Investigation (Criminal Appeal No(s). 1342/2017).

2. Counsel for the respondents submits that in the Passport Act, there is no separate provision for renewal of passport and, therefore, the renewal of passport shall also be governed by the provisions of Section 6(2)(f) of the Passport Act, 1967.

3. Counsel for the petitioner further relies on a judgment passed by Delhi High Court in the case of Ashok Khanna vs. CBI (Crl.M.A. 4784/2019 in

Crl.A. 686/2018) decided on 07.11.2019 whereby the Court after considering the provisions of Section 6 & Rule 5 of the Passport Rules held that the application for renewal of passport cannot be refused on the ground of pendency of criminal case.

4. In the present case, upon perusal of the impugned order, it is noted that the order is not a speaking order and the passport has been refused merely mentioning that "not renewed due to pending case".

5. In view of the aforesaid, the impugned order is set aside being non- speaking order and the respondent No. 2 is directed to pass a reasoned and speaking order after affording opportunity of hearing to the petitioner within a period of one month from the date of communication of the order.

6. With the aforesaid, writ petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 04-08-2023 10:22:06

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 04-08-2023 10:22:06