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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Sayyad Rashid S/O. Adulgani Makandar – Appellant
Versus
Superintendent of Police, Gadag R/By H C G P High Court Bench – Respondent
ORDER :
M.NAGAPRASANNA, J.
1. The petitioner is before this Court seeking the following prayer:
A. That, the vide Annexure- L is the endorsement passed by the Respondent dated 22/04/2025 in bearing no. DSB/GADAG/RI.PASS/AARJI/2024-2025 may kindly be quashed by way of writ of certiorari.
B. That, issue a Writ of Mandamus by directing the respondent to consider the Representation/ Appeal of the Petitioner dated 19/04/2025 in vide Annexure K.
C. Any other orders may kindly be passed as it deems fit on the facts and circumstances of the case.
2. Heard learned counsel Sri.Al. Hussain Shaliban for the petitioner and the learned AGA Sri.T.Hanumareddy appearing for the respondent.
3. The petitioner intends to travel to the United Arab Emirates; however, the same has not been permitted. It is averred in the petition that the petitioner’s passport has expired and he has submitted an application seeking renewal of the passport. The said application has not been considered on the ground that criminal cases are pending against the petitioner.
4. Learned counsel for the petitioner submits that, Sri.Ayub Nadimulla, the petitioner’s son-in-law has registered about 15 cases against petitioner and his famil
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.
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 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.
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 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.
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