Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUMATHI JAGADAM, J.
Nusumu Venkata Rambabu – Appellant
Versus
The Government Of India – Respondent
Writ Petition No.12232 of 2024
Decided on : 06-06-2024
Passport - Renewal - Passport Act, 1967, Section 6(2)(f) - The court interpreted Section 6(2)(f) of the Passport Act, emphasizing that mere pendency of criminal proceedings does not bar passport renewal, influencing the decision to direct renewal despite ongoing investigations.
Fact of the Case:
The petitioners, engaged in crude oil business, sought renewal of their passports, which were denied due to adverse police verification linked to a pending criminal case. They challenged this decision, arguing it violated the Passport Act.
Finding of the Court:
The court found that the refusal to renew passports based solely on pending criminal proceedings was not justified, as established legal precedents indicated that such proceedings do not automatically preclude passport issuance.
Issues: Whether the passport authority can deny renewal of passports based on the mere pendency of criminal proceedings.
Ratio Decidendi: The court held that the passport authority's discretion to deny renewal under Section 6(2)(f) of the Passport Act is limited and cannot be exercised solely based on pending investigations.
Result: The court directed the renewal of the petitioners' passports without reference to the pending criminal case.
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, East Godavari District. One Smt. Gudiwada Sailaja, resident of Hyderabad, joined the firm as a partner with 23% shares and entered into a Partnership Deed in the month of July 2018. As per the Partnership Deed, every partner receives monthly salary of Rs.1,00,000/-. On 12.02.2020, Smt. Gudiwada Sailaja has lodged a complaint with the 5th respondent and it is registered as Crime No.11 of 2020 on the file of the Station House Officer, C.I.D. Police Station, Amaravathi at Mangalagiri for the offences punishable under Sections 420, 406, 120-B read with 34 of IPC.
3. The 5th respondent has served a notice to the petitioners under Section 41-A of Cr.P.C., for which the petitioners submitted their explanation through WhatsApp on 12.10.2021 and personally appeared before the 6th respondent and gave their explanation. Thereafter, the 6th respondent issued a Look Out Circular (LOC). As such, the petitioners have approached this Court and filed Crl.P.No.7085 of 2022 seeking to quash the proceedings in Crime No.11 of 2020. On 08.09.2022, this Court has granted an interim stay of all further proceedings in Crime No.11 of 2020 for a period of eight weeks, thereafter, it was extended from time to time.
4. The 1st petitioner's Passport bearing No.Z2959951 will expire on 30.09.2024 and the 2nd petitioner's Passport bearing No.Z2698378 will expired on 29.04.2024. As the petitioners are business persons and the 1st petitioner is a member of the International Bunker Industry Association (IBIA) since 2006, they made an application for re-issuance of the said Passports vide Application Nos.VS1076408509324 and VS1076408648724. Though appointment was fixed by the respondents on 28.03.2023, the authorities refused to re-issue the Passport to the petitioners on the ground that police verification is pending. The further case of the petitioners is that it is the only crime pending against them, and earlier, the petitioners filed W.P.No.10140 of 2024 seeking direction to the 3rd respondent to issue a Passport to them. Pending the said writ petition, the respondents have issued letters dated 01.05.2024 and 24.05.2024 stating that there is some adverse report in connection with Crime No.11 of 2020 which is not a bar to issue/renew passports. In view of the same, the said writ petition was withdrawn seeking liberty.
5. Heard Sri G.L. Nageswara Rao, learned counsel for the petitioners, Smt. Manchala Uma Devi, learned Additional Standing Counsel for Central Government, appearing for respondent Nos.1 to 3, and learned Government Pleader for Home appearing for respondent Nos.4 to 7.
6. The contentions raised by the petitioners are that the petitioners are business persons and have been running the business for two decades. The 1st petitioner is a member of the International Bunker Industry A
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.
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
