The issuance of a passport can be permitted despite pending criminal proceedings if a court order is provided, aligning with Section 6(2)(f) of the Passports Act, 1967.

JUDGMENT :

ADVAIT M. SETHNA, J.

1. This judgment and order would dispose of both the Criminal Application Nos. 1695/2025 and 1696/2025 as the learned Advocate for the Applicant and Respondents agree that the issues and reliefs sought for are similar.

2. This Application is filed in Criminal Application/Petition No. 125/2025 with a prayer to issue passport to the Applicant (Original Accused) under relevant provisions of the PASSPORT ACT , 1967 (“the Act”) and Rules/Notification as applicable.

3. At the outset, the Applicant had filed a Criminal Revision Application No. 125/2024, assailing the judgment and order dated 07 May 2024 passed by the Additional Sessions Judge, Ambajogai in Criminal Appeal No. 30/2024. By this order, the order dated 08 May 2014 passed by the Judicial Magistrate First Class, Ambajogai in Regular Criminal Case No. 47/2002 was confirmed, which convicted the Applicant for offence punishable under section 304A of the INDIAN PENAL CODE , 1860 (“IPC”) and sentencing him to suffer rigorous imprisonment for two year and fine of Rs. 1,000/- in default, to undergo simple imprisonment for 15 days.

4. By an order dated 08 May 2024, this Court allowed the Application of this Applicant filed for suspension of sentence by enlarging the Applicant on bail. The Criminal Revision was admitted as stated by the Applicant in the Application.

FACTUAL MATRIX:-

5. The backdrop in which the present Application is filed is that the Applicant desires to travel abroad to Saudi Arabia with his wife for Haj pilgrimage in June 2025. As stated in the Application, the Applicant had made a request to the Passport Authority for issuance of the passport, which was however turned down by the Authorities mainly on the ground of pending criminal proceedings/the Criminal Revision Application of the Applicant in Court. Thus, the Applicant has preferred this Criminal Revision Application for issuing directions to the Respondent No. 2 i.e., the Regional Passport Officer to issue the passport to the Applicant.

SUBMISSIONS:-

6. Mr. Shermale, learned Advocate for the Applicant, who would first draw the Court’s attention to a notification of Government of India, Ministry of External Affairs G.S.R.570(E) dated 25 August 1993 which stipulates that citizens of India in respect of an offence alleged to have committed by them are pending before a Criminal Court in India can by producing orders from the concern Court permitting them to depart from India. This is under the provisions of sub-clause (f) of Section 6(2) of the Act subject to certain conditions, which are stipulated under the said section. He would accordingly submit that considering the clear provisions of Section 6(2)(f) of the Act and the notification (supra) issued thereunder, there is no fatter on the passport authorities to issue the passport in a given case. Accordingly, the case of the Applicant is one where the passport authorities ought to follow the said statutory mandate and issue passport to the Applicant as request.

7. Mr. Bhosale, learned Advocate for the Respondent No.2, would at the outset, reply on an affidavit in reply filed on behalf of Respondent No. 2 of one Shruti Pande, Deputy Passport Officer, Pune affirmed on 26 June 2025. One of the principal ground raised in such affidavit is that the Applicant in both the Criminal Revision Application Nos. 1695/2025 and 1696/2025 are the same persons i.e., Shri. Abdul Kadar i.e. Applicant in Criminal Revision Application No. 1695/2025. Thus, the Criminal Revision Applications filed in this Court are preferred in the most casual man