Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Balvinder Singh – Appellant
Versus
Union of India, Rep. by its Principal Secretary, Ministry of External Affairs – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1) |
| 2. arguments presented by the petitioner (Para 2 , 3) |
| 3. court's analysis of the legal provisions (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 4. ratio decidendi on passport issuance under pending criminal cases (Para 10 , 11 , 12) |
| 5. final conclusion dismissing the writ petition (Para 14 , 15) |
ORDER :
Nagesh Bheemapaka, J.
This Writ Petition is a checkered litigation. The factual matrix of the case is that petitioner is the Managing Director of PCH Group of Companies i.e. PCH Corporation Limited, PCH Lifestyle Limited and PCH Retail Limited. The said companies are engaged in the business of importing Electronics Goods like Laptops, Mobiles, Furniture and Consumer durables from various countries and to carry the business activities, petitioner he has to travel abroad.
1.1. It is stated, the above companies had availed loan/credit facility from various Banks and defaulted in repayment. Hence, petitioners accounts were declared as NPA in 2013. Consequently, the Banks have lodged complaints/reports with CBI at Chennai, Bangalore and Hyderabad.
1.2. It is stated, based on the report of Punjab and Sind Bank, George Town Br, Chennai, CBI, Economic Offenc
The court affirmed that a passport may be denied if criminal proceedings are pending, reinforcing the requirement for a court order for permission to travel abroad as per Gazette Notification GSR 570....
The pendency of a criminal case does not justify the refusal of passport services, as individuals retain their right to travel freely, protected under Articles 14, 19, and 21 of the Constitution.
The court clarified that individuals facing criminal proceedings can obtain passport renewals based on trial court permits, without needing a separate order to depart from India, affirming the limita....
Pendency of criminal proceedings bars the re-issuance of a passport under Section 6(2)(f) of the Passports Act, 1967; exceptions are subject to specific court orders.
The court affirmed the necessity for applicants with pending criminal cases to seek no objection certificates from relevant courts, highlighting the importance of flexibility in applying passport reg....
The main legal point established is that the pendency of criminal cases should not lead to denial of passport facilities, as per the Passports Act, 1967 and Rule 12 of Passport Rules, 1980, and suppo....
The denial of passport renewal due to pending criminal proceedings is justified under Section 6(2)(f) of the Passports Act, 1967, applicable to all forms of passport issuance.
The right to travel abroad is a fundamental right under Articles 19 and 21 of the Constitution, and passport issuance must consider relevant legal notifications and judicial discretion.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
