The pendency of criminal proceedings does not create an absolute bar to passport issuance under Section 6(2)(f) of the Passport Act, 1967. Under G.S.R. 570(E), passport authorities should issue a passport if the applicant provides an undertaking, subject to the trial court's eventual travel oversight.

HARSH BUNGER J.

1 Petition herein is, filed under Articles 226/227 of the Constitution of India, inter alia, seeking a writ in the nature of Mandamus, for directing the respondents authorities to issue passport to the petitioner.

2. Briefly, the petitioner applied for passport vide application dated 14.03.2024, however, an adverse police verification report was submitted in respect of the petitioner, stating that a criminal case bearing FIR No.116 dated 13.05.2021 under Sections 279 and 304-A IPC was registered against the petitioner at Police Station Rajaund, Kaithal.

3. It appears that the Passport Authorities issued a show cause notice dated 27.05.2024 (Annexure P-5) to the petitioner, seeking an explanation from him, regarding the circumstances under which he had suppressed the material information; the relevant extract of the show cause notice reads as under:-

“Subject: Clarifications required regarding Issuance of Passport facilities to Shri NARESH

Dear Sir,

This is in reference to receipt of an adverse Police Verification Report corresponding to your application for passport issue with file mobile number CH6069579298824 dated 08/05/2024.

You are therefore, called upon to provide a suitable explanation within 30 days. Please note that you are required to furnish a proper explanation regarding the circumstances under which you had suppressed the material information in your passport application. Please be informed that in case of non response within the specified period, or a non-satisfactory response, your will be rejected under section 6 (2) of the Passport Act, 1967 unless cleared in appeal by the PSP Division.

You could choose to submit the required documents to the Enquiry Officer at the Regional Passport Office between. 9:30 AM to 12:30 PM only or all working days (Except Wednesday, Friday)”

4. It is stated that the petitioner responded to the aforesaid show cause notice by submitting his reply dated 08.06.2024 (Annexure P-6), wherein it was clearly mentioned that no material information had been suppressed by the petitioner in his passport application, as the factum of FIR No. 116 dated 13.05.2021 was duly mentioned in the application for issuance of passport; accordingly, prayer was made for issuance of passport.

5. It transpires that the Passport Authorities vide subsequent letter dated 17.01.2025 (Annexure P-8), called upon the petitioner to submit the permission to depart from India from the concerned Trial Court as per the provisions of G.S.R. 570(E) dated 25.08.1993, within a period of 30 days, failing which the passport was to be denied to the petitioner.

6. In the aforementioned circumstances, the petitioner approached this Court by filing a writ petition (CWP-15871-2024), which came to be withdrawn by the petitioner with liberty to approach the learned trial Court, so as to seek permission to depart from India in terms of Government Instructions issued vide G.S.R. 570(E) dated 25.08.1993.

7. Thereafter, the petitioner is stated to have submitted an application before concerned trial Court seeking permission to travel abroad, however, the said application came to be dismissed by learned Judicial Magistrate 1st Class, Kaithal, vide order dated 20.05.2025 (Annexure P-11).

8. In the aforementioned circumstances, the present writ petition has been filed before this Court, for seeking relief(s) as noticed hereinabove.

9. Learned counsel for the petitioner, inter alia, contends that t