The pendency of criminal proceedings under Section 6(2)(f) of the Passports Act does not impose an absolute bar to the renewal of a passport, provided the applicant satisfies the conditions of statutory exemptions and operates under the supervision of the concerned criminal court.

THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED XI ACJM, BENGALURU IN CC.NO.36683/2021 DTD 10.02.2026 AND PLEASE TO ALLOW THE APPLICATION FILED BY THE PETITIONER FOR RENEWAL OF PASSPORT.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

1. The petitioner is before the Court calling in question a communication dated 10.02.2026 by which the renewal of the passport of the petitioner comes to be rejected.

2. Heard Sri. Syed Akbar Pasha, learned counsel appearing for the petitioner; Smt. Sowmya R., learned High Court Government Pleader appearing for respondent No.1 and Sri. Shanti Bhushan, learned Deputy Solicitor General of India appearing for respondent No.3.

3. The petitioner is accused No.1 in Crime No.43/2021 registered for offences punishable under Sections 498A , 506 and 34 of the Indian Penal Code, 1860 ('the IPC' for short) and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The Police conduct investigation and file a charge sheet in C.C.No.36683/2021. The matter is pending consideration before the concerned Court. The issue in the lis is not with regard to the merit of the matter. During the subsistence of the proceedings, passport to the petitioner gets expired and therefore applies for renewal. Renewal comes to be rejected on the score that the aforesaid proceedings are pending consideration at the hands of the concerned Court. He is therefore, before this Court calling that in question.

4. The learned counsel appearing for the petitioner submits that pendency of the proceedings before the concerned Court in an offence punishable under Section 498A of the IPC should not create an impediment to get the passport renewed.

5. Per contra, Sri. Shanthi Bhushan, learned Deputy Solicitor General of India would submit that a regular validity passport cannot be granted to the petitioner in the light of the aforesaid proceedings, but only a short validity passport, as there is a clear bar under Section 6(2) of the Passports Act. 1967.

6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the available material on record.

7. The afore-narrated facts are not in dispute. The issue that has fallen for consideration need not detain this Court for long or delve deep into the matter. The Apex Court in its Judgment in the case Mahesh Kumar Agarwal Vs. Union Of India , reported in 2025 SCC OnLine SC 2887 considers the entire spectrum of the Act, interprets Section 6(2)(f) of the Passports Act and the official memoranda on the issue and holds as follows:

" 7.1. Section 5 of the Passports Act, which deals with applications for passports and orders thereon, provides as follows:

“5. Applications for passports, travel documents, etc., and orders thereon

(1) An application for the issue of a passport under this Act for visiting such foreign country or countries (not being a named foreign country) as may be specified in the application may be made to the passport authority and shall be accompanied by such fee as may be prescribed to meet the expenses incurred on special security paper, printing, lamination and other connected miscellaneous services in issuing passports and other travel documents.

Explanation. - In this section, ‘named foreign country’ means such foreign country as the Central Government may, by rules made under this Act, specify in this behalf.

(1A) An application for the issue of-

(i) a passport under this Act for visiting a named foreign country; or

(ii) a travel document under this Act for