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ANITA SUMANTH
Premalatha – Appellant
Versus
Government of India, Ministry of External Affairs, Coimbatore – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondent to renew the petitioner's passport No.M0450695 and Re-issue the Passport to the petitioner as applied for. Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondent to renew the petitioner's passport No.Z2910332 and Re-issue the Passport to the petitioner as applied for.)
COMMON ORDER
1. Ms.A.Anuradha and Ms.P.J.Anitha, learned Central Government Standing Counsels accept notice for the respondent in the respective Writ Petition and are armed with instructions to enable final disposal of these Writ Petitions, even at the stage of admission.
2. The petitioners are husband and wife. They are holding passports bearing Nos. M0450695 (W.P.No.35930 of 2023) and Z2910332 (W.P.No.36233 of 2023), which are due to expire on 30.07.2024 and 09.07.2024 respectively. They thus sought renewal of the same.
3. Pending applications, the petitioner in W.P.No.35930 of 2023 has received a communication dated 15.09.2023 to the effect that two criminal cases are pending against her in Cr.No.20 of 2
Mere pendency of a criminal case against the applicant shall not stand as a bar for issuance/re-issuance of passport.
The main legal point established in the judgment is that a passport can be issued or renewed in the context of a pending criminal case only on the basis of production of orders from the concerned Cou....
Quashing of criminal cases and obtaining a No Objection Certificate can be grounds for directing the Passport Authority to renew a passport.
The mere pendency of a criminal case against the applicant shall not stand as a bar for issuance/re-issuance of passport.
Passport renewal not to be refused outright during pending criminal cases if NOC and undertaking provided per guidelines.
The court emphasized the importance of affording a fair hearing to the petitioner and considering his application for passport renewal on its merits, despite the pendency of an FIR and pending court ....
The main legal point established in the judgment is that the issuance or renewal of a passport when a criminal case is pending is subject to the production of orders from the concerned Court permitti....
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