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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Sudarshan Das B.R., S/o B.K. Ramdas – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. jurisdiction and requests for passport renewal. (Para 1 , 2) |
| 2. pendency of criminal cases and its implications. (Para 3) |
| 3. conclusion directive for passport processing. (Para 4) |
| 4. legal framework governing issuance of passports. (Para 5) |
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 s
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 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 bars the re-issuance of a passport under Section 6(2)(f) of the Passports Act, 1967; exceptions are subject to specific court orders.
Ongoing criminal proceedings can bar regular passport issuance under Section 6(2)(f) of the Passports Act, while allowing for a short validity passport contingent on court approval.
Pending criminal proceedings do not equate to conviction; thus, a passport can be reissued upon obtaining court permission as per the Passports Act.
The court clarified that individuals facing criminal proceedings can obtain passport renewals based on trial court permits, without needing a separate order to depart from India, affirming the limita....
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