Trial court retains jurisdiction to grant passport/travel permission despite pending High Court quashing petition.

JUDGMENT :

MURALI PURUSHOTHAMAN, J.

1. The petitioner is the holder of an Indian passport bearing No.A.0648641, issued in the year 1996. The petitioner has lost the passport. The petitioner intends to travel to Singapore to visit his daughter. Accordingly, the petitioner applied for a duplicate passport before the Regional Passport Officer, the 1^st respondent. Ext. P1 is the declaration of the petitioner in Annexure “F” for obtaining a passport in lieu of the lost passport, and Ext. P2 is the online application receipt. The petitioner also produced Ext.P3 certificate issued by the 2^nd respondent, the Sub Inspector of Police, Paripally Police Station. However, the 1^st respondent has not processed the application due to the absence of a court order permitting the petitioner to travel abroad, as there is an adverse police report indicating a pending criminal case against him.

2. The petitioner states that he was one of the office bearers of a temple festival committee in 2018. The police registered Crime No.268/2018 against the petitioner and three others for offences punishable under Section 15 (1) of the Environment Protection Act, 1986, the Noise Pollution (Regulation and Control) Rules, 2000, and Section 188 of the Indian Penal Code and the case is presently pending on the files of the Judicial First Class Magistrate Court-II, Paravur as C.C. No. 41/2020. He, along with the other accused, has filed Criminal Miscellaneous Case No. 1746 of 2025 before this Court seeking to quash the final report in C.C. No.41/2020 by invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the said case is pending.

3. As the 1^st respondent insisted on a court order for issuance of a duplicate passport, the petitioner filed Ext. P5 petition before the Judicial First Class Magistrate Court-II, Paravur seeking permission to apply for a short-duration passport. The petitioner states that the Registry of the said court orally informed him that, since the matter is pending before this Court, he must approach this Court for such permission. Therefore, the petitioner has filed this writ petition seeking a direction to the Judicial First Class Magistrate Court-II, Paravur to consider and pass appropriate orders on Ext. P5, and to direct the 1^st respondent to issue a duplicate passport to the petitioner.

4. A statement has been placed on record by the learned Deputy Solicitor General of India on behalf of the 1^st respondent and relevant portion thereof reads as follows:

“3. The petitioner had applied for reissue of passport no. A0648641 dated 16/04/1996 under lost category on 23/01/2026 vide file No. TV2076289930626 with loss certificate from police authorities.

4. In the petitioner’s previous passport application in 2021 vide file No. TV1063595364721, the Regional Passport Office, Trivandrum received an adverse police report stating that Crime No. 1010 of 2010 of Paripally police station and crime no 1042/2010 of Chathanoor police station is pending. If an applicant approaches Passport Issuing Authority for reissue of passport, pre passport is required. If the applicant is unable to produce the passport, FIR or Lost certificate from Police authorities is required as per extant guidelines. The petitioner’s reissue application under the lost category was accepted along with the police issued loss certificate and has been kept on hold for relevant court orders or proof of clearance.

5. When applicants have pending criminal cases before the Hon’ble Courts as per GSR 570 (E) dated 25/08/1993, the Passport Issuing Authority is required to exempt an applicant from the operation of provisions of Section 6 (2)(f) of Passports Act, if ap