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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Courts have directed authorities to process renewal applications despite criminal proceedings, provided the applicant complies with necessary conditions, such as submitting undertakings or seeking permission for travel if needed ["A.X.NINOY JOSEPH vs THE REGIONAL PASSPORT OFFICER COIMBATORE - Madras"], ["Soma Rajasekhar Reddy vs The Union of India - Telangana"].
Can the complainant-turned-respondent file his say or judgments?
Analysis and Conclusion:- In cases where the original complainant becomes the respondent in a passport renewal application, the law mandates that the authorities consider the application fairly, taking into account any objections or representations made by the respondent. The mere pendency of criminal cases does not automatically bar renewal; instead, the respondent can file their say, explanations, or undertakings, which must be duly considered by the authorities and courts ["Soma Rajasekhar Reddy vs The Union of India - Telangana"], ["A.X.NINOY JOSEPH vs THE REGIONAL PASSPORT OFFICER COIMBATORE - Madras"].- Courts have consistently upheld the principle that passport renewal should not be denied solely on the ground of pending criminal proceedings, especially if the applicant complies with procedural requirements and provides undertakings or seeks permissions where necessary ["Sannith Reddy Mandhadi VS Union of India - 2024 0 Supreme(Telangana) 17"].- Therefore, if the respondent (original complainant turned respondent) files their say or judgments, these are to be considered as part of the process, and the authorities are bound to decide lawfully, ensuring the applicant's rights are protected while balancing public interest and law ["Soma Rajasekhar Reddy vs The Union of India - Telangana"].
References:- ["Sannith Reddy Mandhadi VS Union of India - 2024 0 Supreme(Telangana) 17"]- ["Soma Rajasekhar Reddy vs The Union of India - Telangana"]- ["A.X.NINOY JOSEPH vs THE REGIONAL PASSPORT OFFICER COIMBATORE - Madras"]- ["S.MUTHURAJA vs THE REGIONAL PASSPORT - Madras"]
Navigating passport renewal in India can be complex, especially when legal proceedings are involved. Imagine you're the original complainant in a case, and suddenly, in a passport renewal application, you're named as a respondent. A common question arises: if in a passport renewal application the original complainant is made respondent, can he file his say judgments? This blog post explores this issue, drawing from key court judgments and legal principles to provide clarity.
While this information is based on established case law, it's for educational purposes only and not a substitute for professional legal advice. Consult a qualified lawyer for your specific situation.
Passport renewal applications under the Passports Act, 1967, often intersect with ongoing legal matters, such as criminal cases or disputes. Passport authorities may refuse renewal citing pending proceedings under Section 6(2)(f), but courts have emphasized procedural fairness. When a party—such as the original complainant—is impleaded as a respondent, fundamental rights come into play.
The right to be heard is a cornerstone of natural justice, enshrined in Article 21 of the Indian Constitution. Courts consistently hold that respondents must have an opportunity to present their case before any adverse decision. This extends to passport-related writ petitions or applications where third parties are joined. Vangala Kasturi Rangacharyulu VS Central Bureau of Investigation - 2021 0 Supreme(SC) 992
In passport renewal proceedings, if the original complainant is made a respondent, they can file their objections or 'say', and authorities or courts must consider these submissions. This upholds principles of natural justice and procedural fairness.
As observed in a key ruling: 'the authorities are required to consider the explanation or representation submitted by the petitioner/respondent before taking final action.' Sannith Reddy Mandhadi VS Union of India - 2024 0 Supreme(Telangana) 17
Passport authorities must follow due process, especially when criminal cases or disputes are flagged. Mere pendency of a case isn't always a bar to renewal, provided court permissions or hearings are granted.
In passport matters, courts reiterate that respondents deserve a fair chance. For example, in cases involving FIRs without charge sheets, renewal can't be denied solely on investigation status: 'absence of a charge sheet means no pending proceedings, thus the renewal of a passport cannot be denied based on an FIR alone.' Kuppusamy Krishnasamy VS Union of India-represented by The Consulate General of India - 2024 Supreme(Mad) 1998
Similarly, notifications like the one dated 25.08.1993 exempt certain applicants from Section 6(2)(f) restrictions if they obtain court orders permitting travel. This applies to renewals, balancing public interest with personal liberty. Tirumalaraju Surya Narayana Raju VS Union Government of India - 2023 Supreme(AP) 503
Judgments frequently direct authorities to hear respondents. In one instance: 'the Court directed authorities to consider the explanation and objections of the petitioner/respondent before arriving at a final decision.' SURESH NANDA VS C. B. I. - 2008 0 Supreme(SC) 119 Courts have also mandated depositing renewed passports with trial courts as a safeguard, ensuring compliance while allowing renewal. Kuberudu Lagisetty vs The Union of India - 2025 Supreme(Online)(Tel) 73563Lalitha Manikandan vs The Union of India - 2025 Supreme(Online)(Tel) 74108
While the right exists, it's not absolute:- Timeliness: Objections filed beyond limits may be rejected.- Substantiation: Mere denials without evidence won't suffice; claims must be founded.- Court Discretion: Subject to case facts and procedural rules. Union Of India VS H. N. Kirtania - 1989 0 Supreme(SC) 345
In renewal denials due to adverse police reports, courts stress fair hearings: 'the pendency of an FIR will not prohibit the respondents from issuing/renewing the passport to an applicant.' A. Purusothaman VS Regional Passport Officer/Passport Authority, Chennai - 2022 Supreme(Mad) 2124
Numerous judgments highlight broader themes of fairness:- Pending Criminal Cases: Mere pendency isn't grounds for refusal; passports can be renewed with conditions like court deposits. 'Mere pendency of criminal cases against a person is not a ground to refuse renewal or demand surrender of a passport.' Ganni Bhaskara Rao VS Union of India - 2022 Supreme(AP) 304- Right to Travel: A fundamental right under Article 21; denial without hearing is arbitrary. Amarnath vs State of Himachal Pradesh - 2025 Supreme(HP) 776- Abroad Applicants: Even NRIs facing cases can seek renewal after explanations. GURTEJ SINGH MAAN Vs. THE UNION OF INDIA - 2025 Supreme(Online)(Raj) 15663Rayachoti Penchalaiah VS Union of India - 2022 Supreme(AP) 797
In a case with police verification delays: 'further action would be taken after the police verification is received,' but courts intervene for expeditious processing. Rayachoti Penchalaiah VS Union of India - 2022 Supreme(AP) 797
Another ruling clarifies: 'Section 6(2)(e) of the Passport Act and GSR 570(E) apply to the issuance of a fresh passport and not to the renewal of a passport.' Ganni Bhaskara Rao VS Union of India - 2022 Supreme(AP) 304
If you're a respondent in a passport renewal matter:1. File Promptly: Submit objections within stipulated time, backed by evidence.2. Seek Court Directions: Approach High Courts via writs if authorities delay.3. Comply with Conditions: Deposit passports with courts if ordered, as in: 'The petitioner shall deposit the original passport before Judicial Magistrate.' Kuberudu Lagisetty vs The Union of India - 2025 Supreme(Online)(Tel) 735634. Document Everything: Use RTIs or emails for tracking, as seen in delays. Amarnath vs State of Himachal Pradesh - 2025 Supreme(HP) 776
Authorities should ensure: 'the petitioner shall file a fresh application/representation... which shall be considered... strictly in accordance with law.' GURTEJ SINGH MAAN Vs. THE UNION OF INDIA - 2025 Supreme(Online)(Raj) 15663
In summary, yes—the original complainant turned respondent in a passport renewal application can file their say or objections, and these must be considered to uphold natural justice. Courts prioritize fair hearings, preventing arbitrary refusals even amid pending cases. Key takeaway: Procedural fairness is paramount in passport matters under the Passports Act.
Stay informed, but remember: laws evolve, and individual cases vary. For tailored advice, contact a legal expert.
References:- Vangala Kasturi Rangacharyulu VS Central Bureau of Investigation - 2021 0 Supreme(SC) 992Sannith Reddy Mandhadi VS Union of India - 2024 0 Supreme(Telangana) 17Union Of India VS H. N. Kirtania - 1989 0 Supreme(SC) 345SURESH NANDA VS C. B. I. - 2008 0 Supreme(SC) 119- Additional cases: Tirumalaraju Surya Narayana Raju VS Union Government of India - 2023 Supreme(AP) 503Amarnath vs State of Himachal Pradesh - 2025 Supreme(HP) 776Kuppusamy Krishnasamy VS Union of India-represented by The Consulate General of India - 2024 Supreme(Mad) 1998Ganni Bhaskara Rao VS Union of India - 2022 Supreme(AP) 304
(Word count: approx. 1050)
#PassportRenewal, #LegalRightsIndia, #PassportObjections
Therefore the 2nd Respondent cannot keep the petitioner’s application pending for renewal of passport nor can refuse to grant such renewal. Aggrieved by the action of 2nd respondent in not renewing the passport of petitioner made vide File No. ... As the petitioner’s passport was about to expire, an application for its renewal was filed vide File No. HY707570454....
(vi) The petitioner shall deposit the original passport before the Judicial Magistrate of First Class (Excise) at Karimnagar, in Cr. No.344 of 2023 after renewal of the passport. ... dated 29.08.2024 with application No.HY7076890066124 for renewal of the petitioner.” ... (iii) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Officer for consideration of his applicatio....
Needless to observe that the petitioner shall file a fresh application/representation before the respondents for the purpose of issuance of passport which shall be considered by the respondents strictly in accordance with law. ... He has made an application for supply of the documents. Ms. ... In turn, on 31.07.2017, the petitioner made an application for re-issuance of passport because his earlier passport was taken away by his wi....
Considering the above judgments, I am of the view that mere pendency of the criminal case is not a bar for processing the application for renewal of passport. 9. ... The contention of learned counsel for the appellant that the first respondent cannot travel abroad without the permission of the Court where the criminal case is pending, would not be an impediment for the passport authority to consider the application for renewal of the passpo....
(vi) The petitioner shall deposit the original passport before Judicial Magistrate of First Class, Jadcherla, after renewal of the passport. ... The case of the petitioner is that he is holding passport vide No.B8800641 dated 28.12.2023 which was expired on 27.12.2024. Thereafter, petitioner has applied for renewal of passport before respondent authorities vide File No.HY1075345380325 dated 16.07.2025 seeking for renewal#....
It is further submitted that petitioner had made application for renewal of passport for a period of 10 years, however, the same was renewed for a period of one year. ... (v) The petitioner shall deposit the original passport before the Trial Court in criminal case for renewal of the passport. ... Brief facts stated in this writ petition are that the petitioner is a partner in M/s.LCGC Gruham Infra projects LLP and the petitioner on expiry of his #H....
(vi) The petitioner shall deposit the original passport before Chief Metropolitan Magistrate, Nampally, Hyderabad in C.C.No.7789 of 2020, after renewal of the passport. ... Thereafter, petitioner sent e-mail correspondences, for renewal of passport which has been forwarded to respondent No.2. ... This writ petition is filed seeking the following prayer:- “…declaring the action of Respondent No.2 in rejecting the Application of the ....
His Passport, bearing No.N2075559, was valid until 01.09.2025. He submittedan application to the 3rd respondent-Consulate General of India, Dubai, vide File No.UE2075628759325, seeking renewal of his passport. ... deposit the original renewed Passport before the trial Court in C.C.No.242 of 2024, pending on the file of Junior Civil Judge, Korutla; vi) However, liberty is granted to the petitioner herein to file an ....
His Passport, bearing No.N2075559, was valid until 01.09.2025. He submittedan application to the 3rd respondent-Consulate General of India, Dubai, vide File No.UE2075628759325, seeking renewal of his passport. ... deposit the original renewed Passport before the trial Court in C.C.No.242 of 2024, pending on the file of Junior Civil Judge, Korutla; vi) However, liberty is granted to the petitioner herein to file an ....
The petitioner submitted an application bearing No.VS1074023092322, dated 10.03.2022 for renewal of the passport - normal and as the application was kept pending, the petitioner filed W.P.No.22254 of 2022 which was disposed of by this Court on 07.09.2022 with a direction to the 2nd respondent to consider ... the application of the petitioner for renewal of his passport without raising any objection relating to the pendency of Cr.No.535/2020 of Bheemi....
In the meanwhile, the applicant has filed this application for a direction to the respondent to give no objection for renewal of his passport which expired on 12.11.2017. The applicant has contended that the application filed by him for renewal of passport was not considered. In spite of his repeated efforts, including filing of an application under the Right to Information Act, he was not informed the reason for non renewal of his passport. It is averred in the application filed for direction that the application was orally informed that the renewal of the passport was not being d....
2. According to the petitioner, he has been living with his family members at Sharjah in UAE and he is running an Auto Maintenance Workshop. The petitioner's passport expired on 31.05.2024. Therefore, the application for renewal of the same was submitted on 06.05.2024. Though he appeared before the first respondent on 15.05. The petitioner appeared before the first respondent and filed an explanation stating that only investigation is pending against the petitioner and no charge sheet has been filed. In such circumstances, there may not be impediment for the first respondent to process the a....
As the passport is expiring, the petitioner applied for renewal of the passport vide application file No.KU0074607902722. It is stated that the petitioner is presently in Kuwait. The passport authority, after receiving a police verification report, is said to have forwarded an e-mail to the petitioner stating that further action would be taken after the police verification is received.
He has applied for renewal of his passport with the second respondent. 2. According to the petitioner, he is an Indian citizen presently working in Portugal.
Thereafter, he made an application for renewal of the passport, and a new passport bearing No. Z6412398 was issued to the petitioner on 03.09.2021. The petitioner travelled abroad with his new passport and returned to India in the month of November, 2021. A show cause notice was issued to the petitioner stating that the respondents received an adverse police verification report against him. He had a passport, which was valid till March, 2022.
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