Madras High Court
Kuppusamy Krishnasamy vs The Union Of India-Represented By on 4 November, 2024
W.P.No.32647 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.32647 of 2024
Kuppusamy Krishnasamy ...Petitioner
Vs.
1.The Union of India-represented by
The Consulate General of India
A1 Hamriya, Diplomatic Enclave
P.O.Box, No.737, Dubai
United Arab Emirates.
2.The Regional Passport Officer
2nd Floor, Corporation Commercial Complex
7th Cross St. W, West Thillai Nagar
Tiruchirappalli, Tamil Nadu 620 018, India.
3.The Inspector of Police
Sirkazhi Police Station
Mayiladuthurai District
(Crime No.614/2023) ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the first respondent herein to renew
the petitioner's Indian Passport bearing No.L9467786 based on his application
for renewal within a stipulated time that may be fixed by this Court and to pass
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1/8
W.P.No.32647 of 2024
any other appropriate order as this Court may deem fit and proper to the facts
and circumstances of the case.
For Petitioner : Mr.G.Saravanan
For Respondents : Ms.R.Durga Rani
Standing Counsel for R1 & R2
Mr.L.Baskaran for R3
Government Advocate
ORDER
The petitioner herein seeks a direction to the first respondent to
renew the passport bearing No.L9467786 within a time frame fixed by this
Court.
2. According to the petitioner, he has been living with his family
members at Sharjah in UAE and he is running an Auto Maintenance
Workshop. The petitioner's passport expired on 31.05.2024. Therefore, the
application for renewal of the same was submitted on 06.05.2024. Though he
appeared before the first respondent on 15.05.2024 for the purpose of renewal
of the passport, till date he has not received any communication from the first
respondent regarding the renewal. On enquiry it came to the knowledge of the
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petitioner that his application requesting for renewal of the passport is pending,
due to the registration of First Information Report against the petitioner on the
file of the third respondent for the offence under Sections 279 & 304(4) of IPC.
The petitioner appeared before the first respondent and filed an explanation
stating that only investigation is pending against the petitioner and no charge
sheet has been filed. In such circumstances, there may not be impediment for
the first respondent to process the application for renewal of the passport.
However, till date the request of the petitioner has not been considered. Hence,
the petitioner is before this Court with the above mentioned prayer.
3. The learned counsel for the petitioner by relying on the
judgment of the High Court of Jammu and Kashmir and Ladah in Rajesh
Gupta Vs. Union of India and another, reported in 2022 SCC Online J & K
1066, submitted that the registration of an FIR or pendency of investigation by
the Investigating Agency is not a ground to refuse, issue or renewal of passport
requested by the applicant.
4. Ms.R.Durga Rani, learned Standing Counsel takes notice for
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the respondents 1 & 2 and Mr.L.Baskaran, learned Government Advocate
(Crl.Side) takes notice for the third respondent.
5. The learned Government Advocate (Crl.Side) for the third
respondent submitted that an FIR is registered against the petitioner in Crime
No.614 of 2023 on the file of the third respondent for offence under Sections
279 & 304 (A) of IPC and investigation is pending.
6. In view of the statement made by the learned Government
Advocate (Crl.Side) for the third respondent it is clear that no charge sheet has
been filed against the petitioner.
7. Section 6 (2) of the Passports Act reads thus:
“6. Refusal of passports, travel documents. etc.
......
(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:—
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(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 in 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;
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(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.”
8. A perusal of Section 6 (2) (f) of the Passport Act would make it
clear that unless a proceedings is pending before a criminal Court in India,
request for issuance of passport renewal cannot be rejected. In the case on
hand, admittedly no charge sheet has been filed against the petitioner.
9. Hence, as on today there is no proceedings pending against the
petitioner in Criminal Court and the First Information Report filed against the
petitioner is pending investigation. In such circumstances, there may not be
impediment for the first respondent to process the application of the petitioner
for renewal of the passport. Hence, the respondents 1 & 2 are directed to
process the application submitted by the petitioner seeking renewal of the
passport bearing No.L9467786 and pass final orders on its own merits, within
a period of four weeks from the date of receipt of copy of this order.
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10. With the above direction, this Writ Petition is disposed of. No
costs.
04.11.2024
Index : Yes
Internet : Yes
Speaking Order/Non-Speaking Order
dna
To
1.The Consulate General of India
The Union of India,
A1 Hamriya, Diplomatic Enclave
P.O.Box, No.737, Dubai
United Arab Emirates.
2.The Regional Passport Officer
2nd Floor, Corporation Commercial Complex
7th Cross St. W, West Thillai Nagar
Tiruchirappalli, Tamil Nadu 620 018, India.
3.The Inspector of Police
Sirkazhi Police Station
Mayiladuthurai District
(Crime No.614/2023)
https://www.mhc.tn.gov.in/judis
S.SOUNTHAR, J.
dna
04.11.2024
https://www.mhc.tn.gov.in/judis
