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.

ORDER :

Heard the learned counsel, Smt. Yuktha N., appearing for the petitioner, Sri. H. Shanthi Bhushan, learned DSGI appearing for respondent Nos.1 and 2, learned AGA, Sri. Mohammed Jaffar Shah, appearing for respondent No.3 and have perused the material on record.

2. The petitioner is before this Court, seeking the following prayer:

"a) Issue a writ, order or such other direction, directing the Respondents herein to renew the Passport bearing No No.M9553376 for a period of 10 years considering the application bearing No. 25- 2002180034 filed by the petitioner vide Annexure B

b) Issue a No Objection Certificate (NOC) to the Petitioner for reissue/renewal of his Passport bearing No.M9553376 for a period of 10 years with respect to Criminal Case in C.C.No.923/2022 arising out of the Crime No. 06/2022 of Women Police Station, Mysuru pending on the file of the Ld. VII Addl. Senior Civil Judge and JMFC, Mysuru; vide (Annexure-G)

c) Pass such other order direction or order as this Hon'ble Court may deem fit to be passed in favor of the petitioner in the facts and circumstances of the case. "

3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by this Court in W.P.No.12514/2025 disposed on 02.05.2025, wherein it has held as follows:

" The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to renew the petitioner’s passport for a period of 10 years or alternatively issue a No Objection / clearance intimation to the petitioner to travel to Dubai.

2. Heard Sri P.N.Lakshmi Sagar, learned counsel appearing for the petitioner and Sri Shanthi Bhushan H., learned Deputy Solicitor General of India for the respondents.

3. The petitioner is a holder of an Indian passport and is presently residing in Dubai for business purpose. He gets embroiled in a crime in which the police filed a charge sheet, which is pending in C.C.No.1149/2022 for offences punishable under Sections 406 and 420 of the IPC. The said proceeding is called in question by the petitioner before this Court in Crl.P.No.6024/2023. This Court, by its order dated 25.07.2023, stayed further proceedings before the concerned Court in C.C.No.1149/2022.

4. In the interregnum, the petitioner wanting to get his passport renewed for a period of 10 years, which would be a normal validity passport, submits an application and the same is not taken note of on the score of “a policy remarks”. The policy remarks according to the learned Deputy Solicitor General of India are pendency of criminal case in the aforesaid C.C.No.1149/2022 and would submit that in an identical issue, this Court has answered the issue in the lis in the case of SANTHOSH BEEJADI SRINIVASA VS. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS , [W.P.No.19203/2021 D.D.04.12.2024]. It reads as follows:

"7. ………..In furtherance thereof, the issue that falls for my consideration is:

“Whether pendency of a criminal case would bar issuance or renewal/re-issuance of a passport to a citizen of this nation?”

8. To consider the aforesaid issue, it would become necessary to notice certain provisions of the Passports Act, 1967 (hereinafter referred to as ‘the Act’ for short). The relevant provisions that are germane to be noticed are Sections 2 (e), 3, 5, 6, 7, 10 and 22 of the Act and they read as follows:

“2. Definitions.—In this Act, unless the context otherwise requires,—

… … …

(e) “travel document” means a travel document issued or deemed to have been issued under this Act.

3. Passport or travel document for departure from India.—No person shall depart from, or attempt to depart from, India unless he holds in this behalf a valid passport or travel document.

Explanation.—For the p