Point of law: Since in cases where time is not fixed by the Magistrate while granting permission, the Passport authorities are issuing passports only for one year, the period for which the accused can be permitted to travel can also be fixed by the Magistrate, while granting permission

JUDGMENT :

Petitioner challenges the communication issued by the Regional Passport Officer informing him of the short comings in his application for issuance of a passport. Reliefs are also sought for the issuance of a fresh passport in accordance with the circulars issued by the Government of India.

2. Petitioner was the holder of an Indian Passport bearing No. Z1969747 issued from Dubai and valid till 11.12.2020. It is alleged by the petitioner that, while he came for a visit to his hometown in April, 2012, he lost his passport within the premises of Nedumbassery Airport. The fact of loss of passport was intimated to the police station and he obtained a certificate dated 20.11.2012 from the police that no useful information have been received relating to the missing passport. Curiously, on the very same day petitioner received the certificate as mentioned above, an FIR was registered before the Ernakulam Rural Police Station against the petitioner as F.I.R. No.1480 dated 20.11.2012, alleging offences under sections 406, 419 and 420 of IPC apart from sections 12(1)(a), (d) of Passports Act, 1967. It was alleged in the crime that petitioner had impersonated the defacto complainant and travelled with the defacto complainant's passport on 10.10.2012 from Sharjah, after taking possession of the passport of the complainant by committing a breach of trust.

3. Petitioner contends that he had applied for a fresh passport on 26.11.2012, but since, in the meanwhile, the aforenoted crime was registered, petitioner was stuck in Kerala and has not returned back to Sharja till date. It is pleaded that by Ext.P5 dated 08.12.2014 petitioner was informed from the passport office that due to the adverse report on the pendency of the crime, the file for issuance of passport was closed.

4. Almost five years after the closure of the file relating to his application for issuance of passport, petitioner applied afresh, for a new passport, claiming that the police had dropped the proceedings against him. It is further alleged in the petition that even though a police clearance was issued, on 19.02.2020, Ext.P7 communication was issued by the 1st respondent intimating shortcomings in his application for the passport. Petitioner contends that despite having proper police clearance and despite the closure of the crime registered against him, the passport authorities are harassing him by referring to those false crimes.

5. The proceedings of this case on 30.07.2021 reflects that submissions were made on behalf of the petitioner that police had filed a closure report in the crime against the petitioner and hence he need not even get permission from the Magistrate's Court.

6. Contrary to the aforesaid, it is now submitted by the learned counsel for the petitioner that, the criminal case against the petitioner is still pending investigation and the submission on 30.07.2021 was incorrect and was an unfortunate instance of wrong instructions. According to the learned counsel, it is now reliably learnt that the police are yet to complete the investigation.

7. In view of the aforesaid submission of the learned counsel, it is admitted that a crime is still pending against the petitioner but at the investigation stage. In the aforesaid circumstances, it may be apposite to consider the circumstances in which a passport can be denied to a citizen of India.

8. The Passports Act, 1967 (for short 'the Act') deals with the issuance of passports and regulating the departure of citizens of India to places outside the country. An application for obtaining a passport has to be submitted under section 5 of the Act while the refusal of a passport is dealt with under section 6 of the Act. Applicants for issuance of passport who are facing criminal proceedings are dealt with under section 6(2)(f) which reads as under:

6. Refusal of passports, travel documents, etc.-

(1) xxxx xxxx xxxx xxxx xxxx

(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue