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2026 Supreme(Online)(Ker) 29056

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. Abdul Hakhim, J
VISHNUPRIYA – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 16090 OF 2026



Important Points

Mere pendency of criminal case does not bar passport renewal when court permits travel abroad.

Subject

Civil - Passport

Headnote

First Paragraph: Statute Analysis - This writ petition involves directions regarding processing and renewal of a passport under relevant provisions. Facts of the Case - The petitioner seeks direction to the second respondent to process and renew the passport in light of an order passed by the Magistrate allowing travel abroad. Findings of Court - The court notes that pendency of a criminal case does not automatically disqualify passport renewal. Second Paragraph: Issues - Whether the respondent authorities can refuse passport renewal solely based on pending criminal proceedings. Ratio Decidendi - The mere pendency of criminal cases does not automatically bar renewal of passport, provided the Magistrate has granted permission to travel abroad. Last Paragraph: Result - The writ petition is disposed of directing the second respondent to consider the renewal application within one week taking note of the Magistrate's order.

Advocates:
For the Appellants/Petitioners: T.Rajasekharan Nair, Arliss Trency Antony
For the Respondents: Maheswary.G.

Table of Content
1. the court can direct passport authorities to consider renewal when magistrate grants travel permissions. (Para 1 , 2 , 3)

JUDGMENT

1. The Petitioner has filed this Writ Petition seeking direction to the Respondent No.2 to process and renew the passport of the Petitioner. The contention of the Petitioner is that on account of the registration of a crime, the Respondent No.2 is refusing to process the application for renewal of the passport and that the mere pendency of a crime does not disqualify renewal of the passport. That apart, the learned Counsel for the Petitioner points out the Order dated 07.05.2026 passed by the Judicial First Class Magistrate Court – II, Nedumangad, in C.M.P. No.1 of 2026 in Crime No.18 of 2026 of Aruvikkara Police Station, in which the Court has granted permission to the Petitioner for going abroad for two years. The learned Counsel for the Petitioner prayed that the application for renewal of the passport may be directed to be considered in the light of the said Order.

2. The learned Central Government Counsel submitted that the Respondent No.2 can consider the renewal application, taking note of the said Order passed by the Magistrate Court.

3. Hence, the Writ Petition is disposed of, directing the Respondent No.2 to consider the Renewal Application submitted by the Petitioner to renew Ext.P1 passport in the light of the aforesaid Order dated 07.05.2026 passed by the Magistrate Court as early as possible, at any rate, within a period of one week.

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