The notification dated 25.08.1993, issued by the Central Government, exempts certain applicants from the operation of Section 6 (2) (f) of the Passports Act, which prohibits renewal of passports for individuals facing criminal trial. The notification applies to both first-time applicants and renewal applicants, and an applicant can obtain an order from the concerned court permitting them to depart from India, which would allow the passport authorities to renew their passport despite the pendency of the criminal case.

JUDGMENT

Ravi Nath Tilhari, J. - Heard Ms. D. Vasavi Ratna Kumari, learned counsel for the petitioner, Ms. Alekhya Tadasina, learned Central Government Counsel for respondents 1 & 2, and learned GP for Home for respondent No.3.

2. This writ petition has been filed under Article 226 of the Constitution of India by the petitioner for the following relief:

'to issue appropriate writ order or direction more in the nature of Writ of MANDAMUS declaring the action of the 2nd Respondent in declining to renew the petitioner's passport bearing No.K6573608 pursuant to his application No.VS1074023092322 dt.10.03.2022 even after submitting explanation to the letter dt. 27.09.2022, as illegal, arbitrary and consequentially direct the 2nd respondent to renew the petitioner's passport without being influenced by any pendency of case or crime and pass such order...'

3. The petitioner has prayed for direction to the 2nd respondent-the Regional Passport Office, Marripalem, Visakhapatnam to renew the petitioner's passport without being influenced by any pendency of case or crime against him.

4. The petitioner was issued Passport bearing No.K6573608, dated 23.07.2012 by the 2nd respondent valid upto 27.07.2022. The petitioner submitted an application bearing No.VS1074023092322, dated 10.03.2022 for renewal of the passport - normal and as the application was kept pending, the petitioner filed W.P.No.22254 of 2022 which was disposed of by this Court on 07.09.2022 with a direction to the 2nd respondent to consider the application of the petitioner for renewal of his passport without raising any objection relating to the pendency of Cr.No.535/2020 of Bheemili Police Station, Visakhapatnam. This Court held that Section 6 (2) (f) would arise only when there is a pending proceeding before the criminal Court after cognizance is taken. This Court observed that as only Cr.No.535/2020 of Bheemili Police Station, Visakhapatnam was registered against the petitioner along with others under Sections 420, 468 and 471 IPC and was under investigation, it would have to be held that there was no pending criminal proceeding before the Court.

5. On submission of the copy of the order dated 07.09.2022, the 2nd respondent processed the application, upon which the police submitted an adverse police report as under:

'Cr.No.535/2020 u/s.420, 468, 471, 120(b) IPC of Bheemilipatnam P.S., Visakhapatnam city. The case pending completion of investigation i.e., U.I. and the reason for UI is available with the Inspector of Police, Bheemilipatnam police station of Visakhapatnam city Cr.No.335/2019 U/s.420, 468, 471, r/w.120(b) IPC of Visakhapatnam III Town P.S. and it is pending in the Court of Honourable ACMM, VSP vide CC No.4008/2021 and the applicant is figured as A1.'

6. Basing on the police report, the 2nd respondent issued letter - notice vide No.SCN/313361403/22, dated 20.09.2022 to submit suitable explanation regarding the circumstances under which the petitioner had suppressed the material information in the passport application. Another notice dated 27.09.2022 was also served to the petitioner-applicant requiring clarification that as per the police verification report dated 17.09.2022, two criminal cases were pending against the petitioner, (1) Cr.No.535/2020 at Bheemilipatnam Police Station and (2) Cr.No.335/2019 at III Town PS and pending in the Court of ACMM, Visakhapatnam vide CC.No.4008/2021, also informing the petitioner that the order of this Court 07.09.2022 pertains to Cr.No.535/2020 only and consequently, requiring the petitioner to furnish the Court acquittal order or No Objection Certificate from the concerned Court where the criminal case is pending along with GSR 570 (E) undertaking regarding Cr.No.335/2019.

7. The petitioner submitted reply dated 15.10.2022 (Ex.P2), inter alia, stating that he had forgotten about the pendency of the FIR No.335/2019 in III Town PS and also could not remember pendency of CC.No.4008/2021 in the Court of ACMM, Visakhapatnam arising out