ORAL ORDER:

Heard Mr. M.A.K. Mukheed, learned counsel for the petitioner and Mr. Naraparaju Avaneesh, learned Central Government Counsel appearing on behalf of the respondents.

2. The petitioner herein is a Holder of Passport bearing No.J6975493 and the same was expired on 28.09.2021. Accordingly, he has submitted an application No.HY4074436693522, dated 26.07.2022 with respondent No.2 with a request to renew his passport. Vide letter dated 10.11.2022, respondent No.2 informed the petitioner that it has received adverse police verification report, wherein it is mentioned that the petitioner was involved in two criminal cases viz., Crime No.87 of 2022 of Bodhan Police Station registered for the offences punishable under Sections - 147, 148, 353 and 153 read with 149 of IPC and Crime No.89 of 2022 of the very same police station registered for the offences punishable under Sections 147, 148, 307, 353 and 188 read with 149 of IPC. Suppressing the same, the petitioner had submitted the aforesaid application. However, the petitioner herein had submitted explanation dated 03.03.2023 to the said letter stating that he is no way concerned with the said crimes and that he was falsely implicated in the said crimes. The said explanation was not considered by respondent No.2.

3. There is no dispute that the petitioner herein is an accused in the aforesaid crimes. On the ground of pendency of the aforesaid crimes against the petitioner, respondent No.2 is not renewing the passport to the petitioner. The said action of respondent No.2 is contrary to the procedure laid down under the Passports Act, 1967 and also the principle laid down by the Hon’ble Supreme Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation1.

4. It is also relevant to note that the Apex Court in Vangala Kasturi Rangacharyulu (Supra) had an occasion to examine the provisions of the Passports Act, pendency of criminal cases and held that refusal of a passport can be only in case where an applicant is convicted during the period of five (05) years immediately preceding

1. 2020 Crl.L.J. (SC) 572

the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years. Section 6.2 (f) relates to a situation where the applicant is facing trial in a criminal Court. The petitioner therein was convicted in a case for the offences under Sections - 420, 468, 471 and 477A read with 120B of the IPC and also Section - 13 (2) read with Section 13 (1) of the Prevention of Corruption Act, 1988. Against which, an appeal was filed and the same was dismissed. The sentence was reduced to a period of one (01) year. The petitioner therein had approached the Apex Court by way of filing an appeal and the same is pending. Therefore, considering the said facts, the Apex Court held that Passport Authority cannot refuse renewal of the passport on the ground of pendency of the criminal appeal. Thus, the Apex Court directed the Passport Authority to renew the passport of the applicant without raising the objection relating to the pendency of the aforesaid criminal appeal in S.C.

5. In view of the above, mere pendency of criminal cases is no ground to decline renewal of passport. Further, investigation in the said crimes yet to be completed and that the petitioner is ready to co-

operate with investigation. He is standing on better footing than the petitioner in Vangala Kasturi Rangacharyulu (Supra). Therefore, the petitioner herein sought to issue necessary directions to respondent No.2 for renewal of his passport.

6. Thus, on the ground of pendency of the above criminal cases, passport cannot be denied to the petitioner.

7. In view of the aforesaid discussion, this writ petition is disposed of directing respondent No.2 to consider the aforesaid application No.HY4074436693522, dated 26.07.2022 submitted by the petitioner seeking to renewal of passport on the following conditions as well as the explanation submitted to the letter dated 03.03