The passport authority cannot deny renewal based solely on pending criminal proceedings if the applicant meets all other conditions.

JUDGMENT :

1. Heard Sri Hasan parvej, learned counsel for the petitioner and Sri Prabhakar Tripathi, learned counsel appearing for Union of India.

2. The matter is being heard after exchange of affidavits.

3. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:

"I. Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 12.06.2019 passed by the respondent no.2 (Annexure No. 6 to the writ petition)

II. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to renew the Passport No. H4969575 of the petitioner which has been expired on 06.08.2019 for which the petitioner submitted online application for renewal of Passport No. H4969575 dated 16.04.2019 before the respondent no. 2."

4. Upon perusal of the documents, it appears that by an order dated 12.06.2019, the grant of passport to the petitioner has been rejected. The relevant portion of the order is provided below:

"Sir,

Please refer to your letter dated 02.06.2019 regarding clarification given by you for issuance of passport wherein you have stated that case pending against you has been stayed by Hon'able High Court.

In this regard it is informed that as per section 6(2)(1) of the passport Act, 1967 "The Passport issuing authority shall refuse to issue a passport or travel documents for visiting any foreign country if the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India.

As far as your case is concerned, the court proceedings as you stated have been stayed by Hon'able High Court, however stay order does not mean that the proceedings have been quashed/suspended or withdrawn. Hence the criminal proceedings are still pending against you and therefore Section 6(2) (1) is applicable in your case.

In view of the aforesaid rules your application for reissue of your Passport could not be agreed to until the case is disposed or Hon'able court gives you permission to travel abroad/grant of Passport."

5. The criminal proceeding such as Case No. 1686 of 2018, State Versus Anubhav Jain and others, arising out of Case Crime No. 0116 of 2017, under sections 498-A, 323, 406 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Bareilly, has been stayed by this Hon'ble High Court vide order dated 21.08.2018 passed in Application U/S 482 No. 17705 of 2018. After perusal of section 198-A Cr.P.C. such disputes are of private or matrimonial in nature.

6. One may place reliance on the judgment passed by the Supreme Court in Vangala Kasturi Rangacharyulu Versus Central Bureau of Investigation , 2021 SCC OnLine SC 3549, wherein, Hon'ble Supreme Court held that the passport authority cannot refuse the renewal of the passport on the ground of pendency of the criminal appeal. For ready reference, the operative portion of the order is reproduced herein below.

"The refusal of a passport can be only in case where an applicant is convicted during the period of 5 years immediately proceeding the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years.

Section 6.2 (f) relates to a situation where the applicant is facing trial in a criminal court.

Admittedly, at present, the conviction of the appellant stands still the disposal of the criminal appeal. The sentence which he has to undergo is for a period of one year. The passport authority cannot refuse the renewal of the passport on the ground of pendency of the criminal appeal.

The passport authority is directed to renew the passport of the applicant without raising the objection relating t