Back
SUMATHI JAGADAM
Nusumu Venkata Rambabu – Appellant
Versus
Government Of India – Respondent
ORDER:
This writ petition is filed under Article 226 of the Constitution of India questioning the action of respondents, especially the 3rd respondent, in issuing impugned letters in 1) Ref.No.SCN318050443/24 dated 24.05.2024 and 2) Ref.No.SCN/317809475/24 dated 01.05.2024 in connection with the file numbers 1) VS1076408509324 and 2) VS1076408648724 respectively for re-issuing passports to the petitioners in the place of Passports bearing No.Z2959951 issued on 01.10.2014 which is valid till 30.09.2024 and Z2698378 on 30.04.2014 which is valid till 29.04.2024 respectively, on the ground that the police verification report is adverse and to declare the same as illegal and also in violation of Section 6(2)(f) of the Passport Act, 1967 and consequently, to direct the 3rd respondent to issue Passport to the petitioners in the interest of justice.
2. The petitioners are permanent residents of Kakinada, East Godavari District, and have been doing Crude Oil Business for the last two decades and established a limited liability firm under the name and style of ‘NBR Exports and Imports LPP’, having registered office at D.No.1-23-35/10A, Ayodhya Nagar, Ward No.9, Diary Firm Centre, Kakinada, Eas
Pending criminal proceedings do not automatically bar the renewal of passports under Section 6(2)(f) of the Passport Act, 1967.
The main legal point established in the judgment is that a passport can be issued or renewed in the context of a pending criminal case only on the basis of production of orders from the concerned Cou....
The denial of passport renewal due to pending criminal proceedings is justified under Section 6(2)(f) of the Passports Act, 1967, applicable to all forms of passport issuance.
Pending criminal proceedings do not equate to conviction; thus, a passport can be reissued upon obtaining court permission as per the Passports Act.
The trial court has the authority to issue NOC for passport issuance or renewal, as per the provisions of GSR 570(E) dated 25.08.1993 and Office Memorandum dated 10.10.2019.
Pending criminal proceedings can bar the renewal of a passport under the Passports Act, necessitating compliance with statutory provisions and court permissions for validity.
Pendency of criminal proceedings does not automatically bar passport renewal; restrictions on rights must be just and legal, emphasizing individual liberty under Article 21.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
