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SUDHIR MITTAL
Harmanpreet Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sudhir Mittal, J. (Oral) - A perusal of the record shows that passport applied for on 12.04.2021 has not been issued on account of an adverse police verification report wherein it has been mentioned that an FIR is pending against the petitioner.
2. Learned senior counsel for the petitioner submits that pendency of an FIR is not a ground for refusing issuance of a passport.
3. Learned counsel for the respondents submits that pendency of an FIR has been concealed while applying for passport. A show cause notice was also issued but no reply was submitted. In case the petitioner files a reply to the show cause notice his case will be reconsidered.
4. The submission that pendency of an FIR was concealed is made on the basis of the contents of the affidavit dated 15.04.2021 sworn by the petitioner. Relevant part thereof is reproduced below :-
'I have read and understood the contents of the above and by submitting this form certify that all the information submitted by me in the form is bonafide.
I hereby confirm that all the documents including original and photocopies thereof have been handed over back to me post digitization of required documents.
Further, I solemnly affirm that :
* *
Pendency of an FIR is not a valid ground to refuse issuance of a passport.
Mere pendency of FIR cannot be construed as pendency of criminal proceedings and cannot be a bar for the issuance of passport.
The Court established that the pendency of an FIR does not legally impede the issuance of a passport.
The main legal point established is that the requirement for an NOC from the Court, based solely on an adverse police report and registration of an FIR without pending criminal proceedings before a c....
Mere FIR registration does not justify passport refusal under Section 6 of Passports Act, 1967; requires pending criminal court proceedings.
The Court ruled that the presence of an FIR without a filed charge sheet does not preclude the issuance of a passport.
Mere FIR registration does not justify passport refusal under Section 6 of Passports Act, 1967; requires pending court proceedings.
Mere FIR registration does not justify passport refusal; pending court proceedings required under Section 6 of Passports Act, 1967.
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