A statutory authority cannot deny the re-issuance of a passport solely based on pending criminal proceedings that are stayed.

JUDGMENT

The petitioner is the holder of an Indian Passport bearing No.F5013337. The said passport expired on 05.10.2015 and the petitioner applied for re-issuance of passport. However, the respondent, the Regional Passport Officer has not re-issued the passport stating that the petitioner is an accused in a criminal case.

2. The petitioner states that he is an accused in Crime No.871/2022 of the Gandhinagar Police Station, Kottayam and all further proceedings pursuant thereto have been stayed by this Court as per Ext.P3. According to the petitioner, since all proceedings in respect of the criminal case have been stayed by this Court, there is no impediment for the respondent to re-issue the passport. Accordingly, this writ petition is filed for a direction to the respondent to re-issue the passport of the petitioner.

3. A statement has been filed on behalf of the learned DSGI wherein it is stated that the respondent has received an adverse verification report from Gandhinagar Police Station regarding the pendency of criminal case against the petitioner and that the petitioner has suppressed the said fact in the application. Accordingly, a show cause notice dated 27.10.2023 was issued to him asking to submit an explanation for suppression of material information. It is further stated that the petitioner has not submitted any explanation to the show cause notice.

4. The learned counsel for the petitioner submits that in view of Ext.P3 order of this Court, there is no need for one more order at the hands of the Trial court granting permission to the petitioner to apply for re- issuance of passport or to go abroad. The learned counsel for the petitioner relied on the decision of Karnataka High Court in Kasturi Rajupeta v. Union of India [2022 KHC 3278] in support of his contention.

5. This Court, in Thadevoose Sebastian v.

Regional Passport Office and Another [ 2021 (5) KHC 625 ], after referring to the provisions of Section 6 (2)(f) of the Passports Act, 1967 and GSR 570 (E) dated 25.08.1993 has held in paragraph 22 as follows:- “22 In view of the aforesaid, since the petitioner is unable to fully satisfy this Court, the stage of crime No.1480 of 2012 of the Nedumbassery Police Station, this writ petition is ordered directing the petitioner to approach the jurisdictional Magistrate and obtain appropriate orders if the final report has been filed and cognizance taken. On the other hand, if the final report has not been filed and cognizance not taken yet, there is no criminal proceeding pending and the Passport Authority is free to decide the grant of passport without permission from the Magistrate. To enable the passport authorities to process the application filed by the petitioner for grant of a fresh passport, petitioner is given the liberty to file his explanation to Ext.P7 within ten days from the date of receipt of a copy of this Judgment and thereafter the second respondent shall pass appropriate orders within an outer period of four weeks thereafter.”

6. In the light of the decision of this Court in Thadevoose Sebastian (supra), it will be open to the petitioner to approach the jurisdictional Magistrate Court for permission to apply for re-issuance of passport/to travel abroad and the said court will consider such request. On the basis of the such order, the petitioner can approach the respondent for re- issuance of passport along with an explanation to the show cause notice dated 27.10.2023 and the respondent will consider the same, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of such explanation.

The writ petition is disposed of with the above direction.

Sd/- MURALI PURUSHOTHAMAN JUDGE SPR APPENDIX PETITIONER ’ S EXHIBIT S:- EXHIBIT P1 A TRUE COPY OF THE FIRST PAGE AND LAST PAGE OF THE PASSPORT BEARING NO.F5013337 OF THE PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE RECEIPT OF APPLICATION BEARING NO.23-1012051759 DATED 05.10.2023.

EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER DATED

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