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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
M.NAGAPRASANNA
Mallesh, S/o. Shankar Shandage – Appellant
Versus
Union Of India, Represented By Its Secretary, Ministry Of External Affairs – Respondent
ORDER :
M.NAGAPRASANNA, J.
1. The petitioner is before this Court seeking the following prayer:
A. Issue writ of mandamus or any other writ or order in the like nature, directing the 2nd respondent herein to consider the application/Ack dated 03.11.2023 submitted by the petitioner in file No.BN79C5100419523 vide Annexure-A for issuance of passport to the petitioner and accordingly issue the passport to the petitioner at the earliest in the interest of justice and equity.
B. Grant such other and further reliefs as are just even including the cost of this petition in the interest of justice and equity.
2. Heard the learned counsel for the petitioner and the learned DSGI for the respondents.
3. The petitioner gets embroiled in a crime which is pending as C.C. No.1369 of 2023. The said proceedings are called in question before this Court in Criminal Petition No.100185 of 2024, wherein the Co-ordinate Bench of this Court has granted an interim order of stay of further proceedings in the said crime.
4. The issue in the lis does not relate to the crime. The petitioner submitted an application through the online portal Passport seva for grant of a passport. On the police verification being made,
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.
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.
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.
Pending criminal proceedings do not equate to conviction; thus, a passport can be reissued upon obtaining court permission as per the Passports Act.
The renewal of a passport must follow the same procedures as a fresh application, particularly regarding pending criminal proceedings, necessitating court permission 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....
The pendency of a criminal case does not justify the refusal of passport services, as individuals retain their right to travel freely, protected under Articles 14, 19, and 21 of the Constitution.
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