Back
2026 Supreme(Online)(Ker) 25238
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J
Babu Issac – Appellant
Versus
Regional Passport Officer – Respondent
WP(C) NO. 12119 OF 2026
For the Appellants/Petitioners: SRI.M.G.JEEVAN
For the Respondents: O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA, SMT.DEVISHREE
Mere pendency of criminal case without court cognizance does not bar passport renewal; false case final reports remove impediment.
Headnote:The petitioner applied for renewal of his Indian passport, which was due to expire. The Regional Passport Officer issued a notice citing an adverse Police Verification Report due to pending criminal cases (Crime Nos. 707/19 and 838/19) at Perumbavoor Police Station, leading to cancellation of the passport. The court found that final reports were filed referring the cases as false, removing any impediment to renewal. It is trite law that mere pendency of a crime is not a bar to issuance or renewal of passport. The key issue was whether pending criminal cases, without cognizance by court or service of summons, bar passport renewal. The court observed that with final reports filed referring cases as false, no impediment exists, and reiterated that mere FIR pendency does not disqualify renewal. The court directed the Regional Passport Officer to process the renewal application expeditiously within three weeks.
| Table of Content |
|---|
| 1. passport cancellation due to pending firs challenged. (Para 2) |
| 2. cases referred as false by final reports. (Para 3 , 5) |
JUDGMENT
The petitioner is the holder of an Indian passport which was due to expire on 04.08.2025. When the petitioner made an application for renewal of passport, Ext.P3 notice was issued to him by the 1strespondent stating that, there is an adverse Police Verification Report indicating that the petitioner is an accused in Crime Nos:707/19 and 838/19 of Perumbavoor Police Station and directed him to provide suitable explanation for suppressing this information. The petitioner states that he is the 19thaccused in Crime No:707/19 and the 40thaccused in Crime No:838/19. Exts. P1 and P2 are the FIRs. The petitioner appeared before the 1strespondent and informed that he was not aware of the registration of the above cases and that no summons were served on him. However, the 1strespondent cancelled the passport of the petitioner on 23.05.2025. Hence this writ petition is filed for direction to the 1strespondent to issue /renew the passport of the petitioner. 2. It is contended by the petitioner that though FIRs were registered, no cognizance was taken by court and no summons were served on him and therefore, it cannot be said that criminal cases are pending against him. It is further contended that mere pendency of crime would not be a bar for issuance or renewal of passport.
3. Heard the learned counsel for the petitioner, the learned DSGI and the learned Government Pleader. 4. When the matter came up for consideration on 26.03.2026, the learned counsel for the petitioner submitted that the police have submitted final reports before court referring the cases as false. Accordingly, this Court directed the learned Government Pleader to get instructions as to the status of the aforesaid cases.
5. Today, when matter is taken up, the learned Government Pleader, on instructions, submits that, after investigation, the police have filed final report referring the cases as false. 6. In the said circumstances, there cannot be any impediment in processing the application of the petitioner for renewal of passport. Further, it is trite law that mere pendency of crime would not be a bar for issuance or renewal of passport. Accordingly, there will be a direction to the 1strespondent to process the application of the petitioner for renewal of passport and complete the same, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment.
The writ petition is disposed of accordingly.
