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JASGURPREET SINGH PURI
Gagandeep Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
JASGURPREET SINGH PURI , J.
The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ, order or direction especially in the nature of mandamus directing the respondent No.2 to issue the passport in the name of the petitioner without further delay with a further prayer to direct respondent No.4 to issue police clearance certificate in favour of the petitioner in FIR No.03, dated 14.01.2017 under Sections 420 & 120-B IPC, registered at Police Station Thulliwal, District Barnala.
2. Learned counsel for the petitioner has submitted that the petitioner had filed an application for grant of passport to the respondents-Passport Authorities on 06.12.2022. He further submitted that there was an FIR bearing No.03, dated 14.01.2017 under Sections 420 & 120-B IPC, registered at Police Station Thulliwal, District Barnala but in that FIR, after the investigation, a Cancellation Report was submitted to the learned trial Court. He also submitted that in this way the petitioner was found innocent by the police. He further submitted that when the matter is still at the investigation stage or an applicant involved in an FIR and the Co
Mere pendency of FIR cannot be construed as pendency of criminal proceedings and cannot be a bar for the issuance of passport.
The pendency of an FIR should not automatically prohibit the issuance of a passport, and the passport application should be considered on merits and in accordance with law after affording a fair hear....
A passport cannot be denied solely on the grounds of an FIR registration; pending criminal cases must be substantiated for denial under the Passports Act.
The Court established that the pendency of an FIR does not legally impede the issuance of a passport.
The mere pendency of an FIR is not a sufficient reason to deny the issuance of a passport.
Mere FIR registration does not justify passport refusal under Section 6 of Passports Act, 1967; requires pending court proceedings.
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