The court holds that a passport can be re-issued even if the applicant is an accused in a criminal case, recognizing the right to travel and providing directions under the Passports Act.

JUDGMENT

The prayer in the writ petition is for a direction to the respondents to re-issue the passport of the petitioner, without insisting on orders from the Judicial First Class Magistrate Court, Kodungallur, where the petitioner is an accused in S.T. No.3266 of 2016 arising from Crime No.1261 of 2016 of Mathilakam Police Station, alleging offences under Sections 323, 341 and 506(i) of the Indian Penal Code.

2. The petitioner submits that he could not appear before the learned Magistrate as he was working abroad and that both cases were filed by his wife following matrimonial discord. The petitioner had approached the Magistrate through his counsel and filed an application for the issuance of a 'No Objection Certificate' for renewal of passport, which was dismissed by order dated 23.05.2023. The same was challenged in Crl. M.C. No.4322 of 2023, wherein this Court, by order dated 08.06.2023, issued the following directions:-

a) There will be a direction to the petitioner to file an application for the issuance of an Emergency Certificate before the Consulate General of India, Jeddah, Riyad, in order to enable him to travel to India for the purpose of appearing for the jurisdictional Magistrate. If any such application is filed, the same can be considered, and a short travel emergency certificate shall be issued.

b) After returning back to India, the petitioner shall appear before the earned Magistrate and regularise the proceedings. Thereafter, it will be open to the petitioner to seek the issuance of a non-objection certificate for the re-issuance of passport before the learned magistrate. If any such application is filed, the same shall be considered and appropriate orders shall be passed.

c) For enabling the petitioner to apply for re-issuance of passport, the order dated 23/05/2023 passed by the learned Magistrate will stand quashed.

3. Learned counsel for the petitioner submits that at that point in time, the Visa was extended till 23.11.2024 and later till November 2025. He also submits that if the passport is renewed, he can come down to India and take appropriate steps in the case before the learned Magistrate.

4. This Court had considered a similar issue in W.P.(C)

No.1324 of 2025, and by judgment dated 16.01.2025, considered the provisions of Section 6 (2)(f) of the Passports Act, 1967 , and held that this Court, in exercises of its jurisdiction under Article 226 of Constitution of India can issue a direction that the passport be renewed although the petitioner is an accused, alleging commission of offence under Section 498A of the Indian Penal Code. The facts of this case are also similar.

5. Accordingly, the writ petition will stand disposed of, directing the competent among the respondents to process the application filed by the petitioner for re-issuance of his passport, without being hindered in any manner by the fact that S.T. No.3266 of 2016 is pending on the files the Judicial First Class Magistrate, Kodungallur, arising from Crime No.1261 of 2016 of Mathilakam Police Station, alleging offences under Sections 323, 341 and 506(i) of the Indian Penal Code. The passport shall be reissued for five years. The petitioner shall, on receipt of the re-issued passport, and at the earliest possible opportunity, appear before the Jurisdictional court and take such steps to defend the proceedings, in accordance with law.

The Writ Petition is ordered accordingly.